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ONE HUNDRED AND FOURTH DAY





MORNING SESSION


House Chamber, Olympia, Saturday, April 24, 1999


             The House was called to order at 10:00 a.m. by Speaker Pro Tempore Pennington. The Clerk called the roll and a quorum was present.


             Speaker Ballard assumed the Chair.


             The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Aaron Wilson and Jill Summers. Prayer was offered by Representative Lovick.


             Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.


RESOLUTION


             HOUSE RESOLUTION NO. 99-4695, by Representatives Wolfe, Pennington, O'Brien, Ruderman, Reardon, Miloscia, Stensen, Anderson, Morris, McMorris, Dunshee, Delvin, Schoesler, D. Schmidt, Mitchell, Radcliff, Ballasiotes, Wensman, Skinner, Carlson, Wood, Romero, Lovick, Edwards, Fisher, Cooper, Conway, Eickmeyer, Haigh, Van Luven, Cairnes, Bush, Mastin, K. Schmidt, Alexander, Esser, Lambert, Fortunato, Thomas, Mulliken, Barlean, G. Chandler, Schindler, Hankins, Talcott, Clements, Huff, D. Sommers, Regala, Ogden, Veloria and McDonald


             WHEREAS, Habitat for Humanity International is a nonprofit organization dedicated to working with people and families from all walks of life in an effort to eradicate poverty housing and develop communities for people in need; and

             WHEREAS, Habitat for Humanity Affiliates are grass-roots organizations that are self-directed and self-initiated by local people who want to address affordable housing needs in their community; and

             WHEREAS, Habitat for Humanity International has 250 international affiliates coordinating some 800 building projects in 59 countries around the world; and

             WHEREAS, Washington citizens contributed their valuable effort to the 1999 Jimmy Carter Work Project by building homes in the Philippines; and

             WHEREAS, Habitat for Humanity International has more than 1,300 active affiliates located in all 50 states with 34 affiliates in Washington; and

             WHEREAS, Habitat for Humanity Affiliates, adults and youth in Washington, including House of Representatives staff, have volunteered their time and energy in providing more than 300 families with safe, decent affordable housing; and

             WHEREAS, Through the aforementioned volunteer labor and tax deductible donations with the potential homeowner/partner families contributing "sweat equity" Habitat for Humanity has been able to provide people with safe, decent, affordable homes; and

             WHEREAS, Habitat for Humanity helps to restore hope, change lives, and break the cycle of need as the homeowner/partner families are given the opportunity of cost-effective long-term maintenance of their homes;

             NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives recognize the successful partnerships that have been created in communities with the combination of volunteer construction, family support committees, and affiliate boards; and

             BE IT FURTHER RESOLVED, That the House of Representatives recognize the valuable efforts and innovative solutions to the affordable housing crisis that Habitat for Humanity International has offered our communities and society.


             Representative Veloria moved adoption of the resolution.


             Representatives Veloria, Lisk, Pennington, Romero, Talcott, Mulliken, Wolfe, Kenney, G. Chandler, Van Luven and Ruderman spoke in favor of the adoption of the resolution.


             House Resolution No. 99-4695 was adopted.


SPEAKER'S PRIVILEGE


             Speaker Ballard introduced volunteers from Habitat for Humanity and asked the Chamber to acknowledge them.


MESSAGES FROM THE SENATE

April 23, 1999

Mr. Speaker:


             The Senate has concurred in the House amendment(s) and has passed the following bills as amended by the House:


SUBSTITUTE SENATE BILL NO. 5672,

SUBSTITUTE SENATE BILL NO. 5781,


and the same are herewith transmitted.

Tony M. Cook, Secretary


April 23, 1999

Mr. Speaker:


             The Senate receded from its amendment(s) to SUBSTITUTE HOUSE BILL NO. 1250 and passed the bill without said amendments, and the same is herewith transmitted.

Tony M. Cook, Secretary


April 24, 1999

Mr. Speaker:


             The President has signed:


ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1477,

ENGROSSED HOUSE BILL NO. 1894,

HOUSE BILL NO. 1936,


and the same are herewith transmitted.

Tony M. Cook, Secretary


April 24, 1999

Mr. Speaker:


             The President has signed:


SUBSTITUTE SENATE BILL NO. 5672,

SUBSTITUTE SENATE BILL NO. 5781,

SUBSTITUTE SENATE BILL NO. 6090,


and the same are herewith transmitted.

Tony M. Cook, Secretary


SENATE AMENDMENTS TO HOUSE BILL

April 12, 1999

Mr. Speaker:


             The Senate has passed Substitute House Bill No. 1282 with the following amendment(s):


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The legislature finds that recruiting and retaining a highly qualified work force is essential to deliver high quality public programs. One factor that impairs recruitment or transfer of public employees is the housing cost differential between the rural and urban areas of the state. This housing cost differential can cause state employees to decline promotional or transfer opportunities if the costs associated with such moves are not compensated.

             Therefore, the legislature finds that it is in the interest of the citizens of the state of Washington to authorize an employing agency to offer assistance to state employees to relocate from one part of the state to another. This assistance is referred to as relocation compensation and is commonplace with private and federal government employers.


             NEW SECTION. Sec. 2. A new section is added to chapter 43.03 RCW to read as follows:

             An agency may, within existing resources, authorize lump sum relocation compensation when it determines it is necessary to successfully recruit and retain qualified candidates who will have to make a domiciliary move in order to accept the position. It is lawful for a state office, commission, department, or institution to, within existing resources, authorize lump sum relocation compensation as authorized by rule under chapter 41.06 RCW and in accordance with the provisions of chapter 43.88 RCW. If the person receiving the relocation payment terminates or causes termination with the state, for reasons other than layoff, disability separation, or other good cause as determined by an agency director, within one year of the date of the employment, the state is entitled to reimbursement of the lump sum compensation.


             Sec. 3. RCW 41.06.150 and 1996 c 319 s 2 are each amended to read as follows:

             The board shall adopt rules, consistent with the purposes and provisions of this chapter, as now or hereafter amended, and with the best standards of personnel administration, regarding the basis and procedures to be followed for:

             (1) The reduction, dismissal, suspension, or demotion of an employee;

             (2) Certification of names for vacancies, including departmental promotions, with the number of names equal to six more names than there are vacancies to be filled, such names representing applicants rated highest on eligibility lists: PROVIDED, That when other applicants have scores equal to the lowest score among the names certified, their names shall also be certified;

             (3) Examinations for all positions in the competitive and noncompetitive service;

             (4) Appointments;

             (5) Training and career development;

             (6) Probationary periods of six to twelve months and rejections of probationary employees, depending on the job requirements of the class, except that entry level state park rangers shall serve a probationary period of twelve months;

             (7) Transfers;

             (8) Sick leaves and vacations;

             (9) Hours of work;

             (10) Layoffs when necessary and subsequent reemployment, both according to seniority;

             (11) Determination of appropriate bargaining units within any agency: PROVIDED, That in making such determination the board shall consider the duties, skills, and working conditions of the employees, the history of collective bargaining by the employees and their bargaining representatives, the extent of organization among the employees, and the desires of the employees;

             (12) Certification and decertification of exclusive bargaining representatives: PROVIDED, That after certification of an exclusive bargaining representative and upon the representative's request, the director shall hold an election among employees in a bargaining unit to determine by a majority whether to require as a condition of employment membership in the certified exclusive bargaining representative on or after the thirtieth day following the beginning of employment or the date of such election, whichever is the later, and the failure of an employee to comply with such a condition of employment constitutes cause for dismissal: PROVIDED FURTHER, That no more often than once in each twelve-month period after expiration of twelve months following the date of the original election in a bargaining unit and upon petition of thirty percent of the members of a bargaining unit the director shall hold an election to determine whether a majority wish to rescind such condition of employment: PROVIDED FURTHER, That for purposes of this clause, membership in the certified exclusive bargaining representative is satisfied by the payment of monthly or other periodic dues and does not require payment of initiation, reinstatement, or any other fees or fines and includes full and complete membership rights: AND PROVIDED FURTHER, That in order to safeguard the right of nonassociation of public employees, based on bona fide religious tenets or teachings of a church or religious body of which such public employee is a member, such public employee shall pay to the union, for purposes within the program of the union as designated by such employee that would be in harmony with his or her individual conscience, an amount of money equivalent to regular union dues minus any included monthly premiums for union-sponsored insurance programs, and such employee shall not be a member of the union but is entitled to all the representation rights of a union member;

             (13) Agreements between agencies and certified exclusive bargaining representatives providing for grievance procedures and collective negotiations on all personnel matters over which the appointing authority of the appropriate bargaining unit of such agency may lawfully exercise discretion;

             (14) Written agreements may contain provisions for payroll deductions of employee organization dues upon authorization by the employee member and for the cancellation of such payroll deduction by the filing of a proper prior notice by the employee with the appointing authority and the employee organization: PROVIDED, That nothing contained herein permits or grants to any employee the right to strike or refuse to perform his or her official duties;

             (15) Adoption and revision of a comprehensive classification plan for all positions in the classified service, based on investigation and analysis of the duties and responsibilities of each such position.

             (a) The board shall not adopt job classification revisions or class studies unless implementation of the proposed revision or study will result in net cost savings, increased efficiencies, or improved management of personnel or services, and the proposed revision or study has been approved by the director of financial management in accordance with chapter 43.88 RCW.

             (b) Beginning July 1, 1995, through June 30, 1997, in addition to the requirements of (a) of this subsection:

             (i) The board may approve the implementation of salary increases resulting from adjustments to the classification plan during the 1995-97 fiscal biennium only if:

             (A) The implementation will not result in additional net costs and the proposed implementation has been approved by the director of financial management in accordance with chapter 43.88 RCW;

             (B) The implementation will take effect on July 1, 1996, and the total net cost of all such actions approved by the board for implementation during the 1995-97 fiscal biennium does not exceed the amounts specified by the legislature specifically for this purpose; or

             (C) The implementation is a result of emergent conditions. Emergent conditions are defined as emergency situations requiring the establishment of positions necessary for the preservation of the public health, safety, or general welfare, which do not exceed $250,000 of the moneys identified in section 718(2), chapter 18, Laws of 1995 2nd sp. sess.

             (ii) The board shall approve only those salary increases resulting from adjustments to the classification plan if they are due to documented recruitment and retention difficulties, salary compression or inversion, increased duties and responsibilities, or inequities. For these purposes, inequities are defined as similar work assigned to different job classes with a salary disparity greater than 7.5 percent.

             (iii) Adjustments made to the higher education hospital special pay plan are exempt from (b)(i) through (ii) of this subsection.

             (c) Reclassifications, class studies, and salary adjustments to be implemented during the 1997-99 and subsequent fiscal biennia are governed by (a) of this subsection and RCW 41.06.152;

             (16) Allocation and reallocation of positions within the classification plan;

             (17) Adoption and revision of a state salary schedule to reflect the prevailing rates in Washington state private industries and other governmental units but the rates in the salary schedules or plans shall be increased if necessary to attain comparable worth under an implementation plan under RCW 41.06.155 and that, for institutions of higher education and related boards, shall be competitive for positions of a similar nature in the state or the locality in which an institution of higher education or related board is located, such adoption and revision subject to approval by the director of financial management in accordance with the provisions of chapter 43.88 RCW;

             (18) Increment increases within the series of steps for each pay grade based on length of service for all employees whose standards of performance are such as to permit them to retain job status in the classified service;

             (19) Optional lump sum relocation compensation approved by the agency director, whenever it is reasonably necessary that a person make a domiciliary move in accepting a transfer or other employment with the state. An agency must provide lump sum compensation within existing resources. If the person receiving the relocation payment terminates or causes termination with the state, for reasons other than layoff, disability separation, or other good cause as determined by an agency director, within one year of the date of the employment, the state is entitled to reimbursement of the lump sum compensation from the person;

             (20) Providing for veteran's preference as required by existing statutes, with recognition of preference in regard to layoffs and subsequent reemployment for veterans and their surviving spouses by giving such eligible veterans and their surviving spouses additional credit in computing their seniority by adding to their unbroken state service, as defined by the board, the veteran's service in the military not to exceed five years. For the purposes of this section, "veteran" means any person who has one or more years of active military service in any branch of the armed forces of the United States or who has less than one year's service and is discharged with a disability incurred in the line of duty or is discharged at the convenience of the government and who, upon termination of such service has received an honorable discharge, a discharge for physical reasons with an honorable record, or a release from active military service with evidence of service other than that for which an undesirable, bad conduct, or dishonorable discharge shall be given: PROVIDED, HOWEVER, That the surviving spouse of a veteran is entitled to the benefits of this section regardless of the veteran's length of active military service: PROVIDED FURTHER, That for the purposes of this section "veteran" does not include any person who has voluntarily retired with twenty or more years of active military service and whose military retirement pay is in excess of five hundred dollars per month;

             (((20))) (21) Permitting agency heads to delegate the authority to appoint, reduce, dismiss, suspend, or demote employees within their agencies if such agency heads do not have specific statutory authority to so delegate: PROVIDED, That the board may not authorize such delegation to any position lower than the head of a major subdivision of the agency;

             (((21))) (22) Assuring persons who are or have been employed in classified positions before July 1, 1993, will be eligible for employment, reemployment, transfer, and promotion in respect to classified positions covered by this chapter;

             (((22))) (23) Affirmative action in appointment, promotion, transfer, recruitment, training, and career development; development and implementation of affirmative action goals and timetables; and monitoring of progress against those goals and timetables.

             The board shall consult with the human rights commission in the development of rules pertaining to affirmative action. The department of personnel shall transmit a report annually to the human rights commission which states the progress each state agency has made in meeting affirmative action goals and timetables."


             On page 1, beginning on line 2 of the title, after "assistance;" strike the remainder of the title and insert "amending RCW 41.06.150; adding a new section to chapter 43.03 RCW; and creating a new section."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House concurred in the Senate amendment(s) to Substitute House Bill No. 1282 and advanced the bill as amended by the Senate to final passage.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute House Bill No. 1282 as amended by the Senate.


             There being no objection, Representatives Quall and Scott were excused.


             Representatives McMorris and Romero spoke in favor of passage of the bill as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 1282, as amended by the Senate and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. G. Chandler Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. K. Schmidt Schmidt, Schoesler, Schual-Berke, Skinner, D. H. Sommers Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 96.

             Excused: Representatives Quall and Scott - 2.


             Substitute House Bill No. 1282, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL

April 22, 1999

Mr. Speaker:


             The Senate receded from the Judiciary Committee amendment(s) adopted on 4/12/99. Under suspension of rules, the Senate returned ENGROSSED HOUSE BILL NO. 1007 to Second Reading for purpose of amendment(s). The Senate adopted Amendment #450 by Senators Zarelli and others, and passed the bill as amended,


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. A new section is added to chapter 9.16 RCW to read as follows:

             The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

             (1) "Counterfeit mark" means:

             (a) Any unauthorized reproduction or copy of intellectual property; or

             (b) Intellectual property affixed to any item knowingly sold, offered for sale, manufactured, or distributed, or identifying services offered or rendered, without the authority of the owner of the intellectual property.

             (2) "Intellectual property" means any trademark, service mark, trade name, label, term, device, design, or work adopted or used by a person to identify such person's goods or services. Intellectual property does not have exclusive use rights to trade names registered under chapter 19.80 RCW.

             (3) "Retail value" means the counterfeiter's regular selling price for the item or service bearing or identified by the counterfeit mark. In the case of items bearing a counterfeit mark which are components of a finished product, the retail value shall be the counterfeiter's regular selling price of the finished product on or in which the component would be utilized.


             Sec. 2. RCW 9.16.030 and 1909 c 249 s 344 are each amended to read as follows:

             ((Every person who shall use or display or have in his possession with intent to use or display, the genuine label, trademark, term, design, device, or form of advertisement of any person, corporation, association or union, lawfully filed for record in the office of the secretary of state, or the exclusive right to use which is guaranteed to any person, corporation, association or union, by the laws of the United States, without the written authority of such person, corporation, association or union, or who shall wilfully forge or counterfeit or use or display or have in his possession with intent to use or display any representation, likeness, similitude, copy or imitation of any genuine label, trademark, term, design, device, or form of advertisement, so filed or protected, or any die, plate, stamp or other device for manufacturing the same, shall be guilty of a gross misdemeanor.)) Any person who willfully and knowingly, and for financial gain, manufactures, uses, displays, advertises, distributes, offers for sale, sells or possesses with intent to sell or distribute any item, or offers any services, bearing or identified by a counterfeit mark, is guilty of the crime of counterfeiting.

             Any state or federal certificate of registration of any intellectual property is prima facie evidence of the facts stated in the certificate.


             NEW SECTION. Sec. 3. A new section is added to chapter 9.16 RCW to read as follows:

             (1) Counterfeiting is a misdemeanor, except as provided in subsections (2), (3) and (4) of this section.

             (2) Counterfeiting is a gross misdemeanor if:

             (a) The defendant has previously been convicted under RCW 9.16.030; or

             (b) The violation involves more than one hundred but fewer than one thousand items bearing a counterfeit mark or the total retail value of all items bearing a counterfeit mark or the total retail value of all items bearing, or services identified by, a counterfeit mark is more than one thousand dollars but less than ten thousand dollars.

             (3) Counterfeiting is a class C felony if:

             (a) The defendant has been previously convicted of two or more offenses under RCW 9.16.030;

             (b) The violation involves the manufacture or production of items bearing counterfeit marks; or

             (c) The violation involves one thousand or more items bearing a counterfeit mark or the total retail value of all items bearing, or services identified by, a counterfeit mark is ten thousand dollars or more.

             (4) Counterfeiting is a class C felony if:

             (a) The violation involves the manufacture, production, or distribution of items bearing counterfeit marks; and

             (b) The defendant knew or should have known that the counterfeit items, by their intended use, endangered the health or safety of others.

             (5) For purposes of this section, the quantity or retail value of items or services shall include the aggregate quantity or retail value of all items bearing, or services identified by, every counterfeit mark the defendant manufactures, uses, displays, advertises, distributes, possesses, or possesses with intent to sell.

             (6) A person guilty of counterfeiting shall be fined an amount up to three times the retail value of the items bearing, or services identified by, a counterfeit mark, unless extenuating circumstances are shown by the defendant.

             (7) The penalties provided for in this section are cumulative and do not affect any other civil and criminal penalties provided by law.


             NEW SECTION. Sec. 4. A new section is added to chapter 9.16 RCW to read as follows:

             (1) Any items bearing a counterfeit mark, and all personal property employed or used in connection with counterfeiting, including but not limited to, any items, objects, tools, machines, equipment, instruments, or vehicles of any kind, shall be seized by any law enforcement officer.

             All seized personal property referenced in this subsection shall be forfeited in accordance with RCW 10.105.010.

             (2) Upon request of the intellectual property owner, all seized items bearing a counterfeit mark shall be released to the intellectual property owner for destruction or disposition.

             (3) If the intellectual property owner does not request release of seized items bearing a counterfeit mark, such items shall be destroyed unless the intellectual property owner consents to another disposition.


             Sec. 5. RCW 9.94A.320 and 1998 c 290 s 4, 1998 c 219 s 4, 1998 c 82 s 1, and 1998 c 78 s 1 are each reenacted and amended to read as follows:

 

TABLE 2

 

CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL

 

       XV             Aggravated Murder 1 (RCW 10.95.020)

 

     XIV             Murder 1 (RCW 9A.32.030)

                          Homicide by abuse (RCW 9A.32.055)

                          Malicious explosion 1 (RCW 70.74.280(1))

 

      XIII            Murder 2 (RCW 9A.32.050)

                          Malicious explosion 2 (RCW 70.74.280(2))

                          Malicious placement of an explosive 1 (RCW 70.74.270(1))

 

       XII             Assault 1 (RCW 9A.36.011)

                          Assault of a Child 1 (RCW 9A.36.120)

                          Rape 1 (RCW 9A.44.040)

                          Rape of a Child 1 (RCW 9A.44.073)

                          Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a))

 

        XI             Rape 2 (RCW 9A.44.050)

                          Rape of a Child 2 (RCW 9A.44.076)

                          Manslaughter 1 (RCW 9A.32.060)

 

          X             Kidnapping 1 (RCW 9A.40.020)

                          Child Molestation 1 (RCW 9A.44.083)

                          Malicious explosion 3 (RCW 70.74.280(3))

                          Over 18 and deliver heroin, a narcotic from Schedule I or II, or flunitrazepam from Schedule IV to someone under 18 (RCW 69.50.406)

                          Leading Organized Crime (RCW 9A.82.060(1)(a))

                          Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))

                          Manufacture of methamphetamine (RCW 69.50.401(a)(1)(ii))

 

        IX             Assault of a Child 2 (RCW 9A.36.130)

                          Robbery 1 (RCW 9A.56.200)

                          Explosive devices prohibited (RCW 70.74.180)

                          Malicious placement of an explosive 2 (RCW 70.74.270(2))

                          Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic, except flunitrazepam, from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)

                          Controlled Substance Homicide (RCW 69.50.415)

                          Sexual Exploitation (RCW 9.68A.040)

                          Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))

                          Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)

                          Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW 88.12.029)

 

      VIII            Arson 1 (RCW 9A.48.020)

                          Promoting Prostitution 1 (RCW 9A.88.070)

                          Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)

                          Manufacture, deliver, or possess with intent to deliver heroin or cocaine (RCW 69.50.401(a)(1)(i))

                          Deliver or possess with intent to deliver methamphetamine (RCW 69.50.401(a)(1)(ii))

                          Manufacture, deliver, or possess with intent to deliver amphetamine (RCW 69.50.401(a)(1)(ii))

                          Possession of ephedrine or pseudoephedrine with intent to manufacture methamphetamine (RCW 69.50.440)

                          Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520)

                          Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW 88.12.029)

                          Manslaughter 2 (RCW 9A.32.070)

 

       VII             Burglary 1 (RCW 9A.52.020)

                          Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)

                          Homicide by Watercraft, by disregard for the safety of others (RCW 88.12.029)

                          Introducing Contraband 1 (RCW 9A.76.140)

                          Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))

                          Child Molestation 2 (RCW 9A.44.086)

                          Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)

                          Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)

                          Involving a minor in drug dealing (RCW 69.50.401(f))

                          Drive-by Shooting (RCW 9A.36.045)

                          Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1)(a))

                          Malicious placement of an explosive 3 (RCW 70.74.270(3))

 

        VI             Bribery (RCW 9A.68.010)

                          Rape of a Child 3 (RCW 9A.44.079)

                          Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)

                          Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b))

                          Incest 1 (RCW 9A.64.020(1))

                          Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II (except heroin or cocaine) or flunitrazepam from Schedule IV (RCW 69.50.401(a)(1)(i))

                          Intimidating a Judge (RCW 9A.72.160)

                          Bail Jumping with Murder 1 (RCW 9A.76.170(2)(a))

                          Theft of a Firearm (RCW 9A.56.300)

 

          V             Persistent prison misbehavior (RCW 9.94.070)

                          Criminal Mistreatment 1 (RCW 9A.42.020)

                          Abandonment of dependent person 1 (RCW 9A.42.060)

                          Rape 3 (RCW 9A.44.060)

                          Sexual Misconduct with a Minor 1 (RCW 9A.44.093)

                          Child Molestation 3 (RCW 9A.44.089)

                          Kidnapping 2 (RCW 9A.40.030)

                          Extortion 1 (RCW 9A.56.120)

                          Incest 2 (RCW 9A.64.020(2))

                          Perjury 1 (RCW 9A.72.020)

                          Extortionate Extension of Credit (RCW 9A.82.020)

                          Advancing money or property for extortionate extension of credit (RCW 9A.82.030)

                          Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)

                          Rendering Criminal Assistance 1 (RCW 9A.76.070)

                          Bail Jumping with class A Felony (RCW 9A.76.170(2)(b))

                          Sexually Violating Human Remains (RCW 9A.44.105)

                          Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))

                          Possession of a Stolen Firearm (RCW 9A.56.310)

 

        IV             Residential Burglary (RCW 9A.52.025)

                          Theft of Livestock 1 (RCW 9A.56.080)

                          Robbery 2 (RCW 9A.56.210)

                          Assault 2 (RCW 9A.36.021)

                          Escape 1 (RCW 9A.76.110)

                          Arson 2 (RCW 9A.48.030)

                          Commercial Bribery (RCW 9A.68.060)

                          Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)

                          Malicious Harassment (RCW 9A.36.080)

                          Threats to Bomb (RCW 9.61.160)

                          Willful Failure to Return from Furlough (RCW 72.66.060)

                          Hit and Run--Injury Accident (RCW 46.52.020(4))

                          Hit and Run with Vessel--Injury Accident (RCW 88.12.155(3))

                          Vehicular Assault (RCW 46.61.522)

                          Assault by Watercraft (RCW 88.12.032)

                          Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana, amphetamine, methamphetamines, or flunitrazepam) (RCW 69.50.401(a)(1) (iii) through (v))

                          Influencing Outcome of Sporting Event (RCW 9A.82.070)

                          Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))

                          Knowingly Trafficking in Stolen Property (RCW 9A.82.050(2))

                          Counterfeiting (section 3(4) of this act)

 

         III            Criminal Gang Intimidation (RCW 9A.46.120)

                          Criminal Mistreatment 2 (RCW 9A.42.030)

                          Abandonment of dependent person 2 (RCW 9A.42.070)

                          Extortion 2 (RCW 9A.56.130)

                          Unlawful Imprisonment (RCW 9A.40.040)

                          Assault 3 (RCW 9A.36.031)

                          Assault of a Child 3 (RCW 9A.36.140)

                          Custodial Assault (RCW 9A.36.100)

                          Unlawful possession of firearm in the second degree (RCW 9.41.040(1)(b))

                          Harassment (RCW 9A.46.020)

                          Promoting Prostitution 2 (RCW 9A.88.080)

                          Willful Failure to Return from Work Release (RCW 72.65.070)

                          Burglary 2 (RCW 9A.52.030)

                          Introducing Contraband 2 (RCW 9A.76.150)

                          Communication with a Minor for Immoral Purposes (RCW 9.68A.090)

                          Patronizing a Juvenile Prostitute (RCW 9.68A.100)

                          Escape 2 (RCW 9A.76.120)

                          Perjury 2 (RCW 9A.72.030)

                          Bail Jumping with class B or C Felony (RCW 9A.76.170(2)(c))

                          Intimidating a Public Servant (RCW 9A.76.180)

                          Tampering with a Witness (RCW 9A.72.120)

                          Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(a)(1)(iii))

                          Delivery of a material in lieu of a controlled substance (RCW 69.50.401(c))

                          Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))

                          Recklessly Trafficking in Stolen Property (RCW 9A.82.050(1))

                          Theft of livestock 2 (RCW 9A.56.080)

                          Securities Act violation (RCW 21.20.400)

 

          II            Unlawful Practice of Law (RCW 2.48.180)

                          Malicious Mischief 1 (RCW 9A.48.070)

                          Possession of Stolen Property 1 (RCW 9A.56.150)

                          Theft 1 (RCW 9A.56.030)

                          Class B Felony Theft of Rental, Leased, or Lease-purchased Property (RCW 9A.56.096(4))

                          Trafficking in Insurance Claims (RCW 48.30A.015)

                          Unlicensed Practice of a Profession or Business (RCW 18.130.190(7))

                          Health Care False Claims (RCW 48.80.030)

                          Possession of controlled substance that is either heroin or narcotics from Schedule I or II or flunitrazepam from Schedule IV (RCW 69.50.401(d))

                          Possession of phencyclidine (PCP) (RCW 69.50.401(d))

                          Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.401(b))

                          Computer Trespass 1 (RCW 9A.52.110)

                          Escape from Community Custody (RCW 72.09.310)

                          Counterfeiting (section 3(3) of this act)

 

           I             Theft 2 (RCW 9A.56.040)

                          Class C Felony Theft of Rental, Leased, or Lease-purchased Property (RCW 9A.56.096(4))

                          Possession of Stolen Property 2 (RCW 9A.56.160)

                          Forgery (RCW 9A.60.020)

                          Taking Motor Vehicle Without Permission (RCW 9A.56.070)

                          Vehicle Prowl 1 (RCW 9A.52.095)

                          Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)

                          Malicious Mischief 2 (RCW 9A.48.080)

                          Reckless Burning 1 (RCW 9A.48.040)

                          Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)

                          Unlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))

                          False Verification for Welfare (RCW 74.08.055)

                          Forged Prescription (RCW 69.41.020)

                          Forged Prescription for a Controlled Substance (RCW 69.50.403)

                          Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Non-narcotic from Schedule I-V (except phencyclidine or flunitrazepam) (RCW 69.50.401(d))


             Sec. 6. RCW 9.94A.440 and 1996 c 93 s 2 are each amended to read as follows:

             (1) Decision not to prosecute.

             STANDARD: A prosecuting attorney may decline to prosecute, even though technically sufficient evidence to prosecute exists, in situations where prosecution would serve no public purpose, would defeat the underlying purpose of the law in question or would result in decreased respect for the law.

             GUIDELINE/COMMENTARY:

             Examples

             The following are examples of reasons not to prosecute which could satisfy the standard.

             (a) Contrary to Legislative Intent - It may be proper to decline to charge where the application of criminal sanctions would be clearly contrary to the intent of the legislature in enacting the particular statute.

             (b) Antiquated Statute - It may be proper to decline to charge where the statute in question is antiquated in that:

             (i) It has not been enforced for many years; and

             (ii) Most members of society act as if it were no longer in existence; and

             (iii) It serves no deterrent or protective purpose in today's society; and

             (iv) The statute has not been recently reconsidered by the legislature.

             This reason is not to be construed as the basis for declining cases because the law in question is unpopular or because it is difficult to enforce.

             (c) De Minimus Violation - It may be proper to decline to charge where the violation of law is only technical or insubstantial and where no public interest or deterrent purpose would be served by prosecution.

             (d) Confinement on Other Charges - It may be proper to decline to charge because the accused has been sentenced on another charge to a lengthy period of confinement; and

             (i) Conviction of the new offense would not merit any additional direct or collateral punishment;

             (ii) The new offense is either a misdemeanor or a felony which is not particularly aggravated; and

             (iii) Conviction of the new offense would not serve any significant deterrent purpose.

             (e) Pending Conviction on Another Charge - It may be proper to decline to charge because the accused is facing a pending prosecution in the same or another county; and

             (i) Conviction of the new offense would not merit any additional direct or collateral punishment;

             (ii) Conviction in the pending prosecution is imminent;

             (iii) The new offense is either a misdemeanor or a felony which is not particularly aggravated; and

             (iv) Conviction of the new offense would not serve any significant deterrent purpose.

             (f) High Disproportionate Cost of Prosecution - It may be proper to decline to charge where the cost of locating or transporting, or the burden on, prosecution witnesses is highly disproportionate to the importance of prosecuting the offense in question. This reason should be limited to minor cases and should not be relied upon in serious cases.

             (g) Improper Motives of Complainant - It may be proper to decline charges because the motives of the complainant are improper and prosecution would serve no public purpose, would defeat the underlying purpose of the law in question or would result in decreased respect for the law.

             (h) Immunity - It may be proper to decline to charge where immunity is to be given to an accused in order to prosecute another where the accused's information or testimony will reasonably lead to the conviction of others who are responsible for more serious criminal conduct or who represent a greater danger to the public interest.

             (i) Victim Request - It may be proper to decline to charge because the victim requests that no criminal charges be filed and the case involves the following crimes or situations:

             (i) Assault cases where the victim has suffered little or no injury;

             (ii) Crimes against property, not involving violence, where no major loss was suffered;

             (iii) Where doing so would not jeopardize the safety of society.

             Care should be taken to insure that the victim's request is freely made and is not the product of threats or pressure by the accused.

             The presence of these factors may also justify the decision to dismiss a prosecution which has been commenced.

             Notification

             The prosecutor is encouraged to notify the victim, when practical, and the law enforcement personnel, of the decision not to prosecute.

             (2) Decision to prosecute.

             STANDARD:

             Crimes against persons will be filed if sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable defense that could be raised under the evidence, would justify conviction by a reasonable and objective fact-finder. With regard to offenses prohibited by RCW 9A.44.040, 9A.44.050, 9A.44.073, 9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, 9A.44.089, and 9A.64.020 the prosecutor should avoid prefiling agreements or diversions intended to place the accused in a program of treatment or counseling, so that treatment, if determined to be beneficial, can be provided pursuant to RCW 9.94A.120(8).

             Crimes against property/other crimes will be filed if the admissible evidence is of such convincing force as to make it probable that a reasonable and objective fact-finder would convict after hearing all the admissible evidence and the most plausible defense that could be raised.

             See table below for the crimes within these categories.

 

CATEGORIZATION OF CRIMES FOR PROSECUTING STANDARDS

 

             CRIMES AGAINST PERSONS

             Aggravated Murder

             1st Degree Murder

             2nd Degree Murder

             1st Degree Kidnaping

             1st Degree Assault

             1st Degree Assault of a Child

             1st Degree Rape

             1st Degree Robbery

             1st Degree Rape of a Child

             1st Degree Arson

             2nd Degree Kidnaping

             2nd Degree Assault

             2nd Degree Assault of a Child

             2nd Degree Rape

             2nd Degree Robbery

             1st Degree Burglary

             1st Degree Manslaughter

             2nd Degree Manslaughter

             1st Degree Extortion

             Indecent Liberties

             Incest

             2nd Degree Rape of a Child

             Vehicular Homicide

             Vehicular Assault

             3rd Degree Rape

             3rd Degree Rape of a Child

             1st Degree Child Molestation

             2nd Degree Child Molestation

             3rd Degree Child Molestation

             2nd Degree Extortion

             1st Degree Promoting Prostitution

             Intimidating a Juror

             Communication with a Minor

             Intimidating a Witness

             Intimidating a Public Servant

             Bomb Threat (if against person)

             3rd Degree Assault

             3rd Degree Assault of a Child

             Unlawful Imprisonment

             Promoting a Suicide Attempt

             Riot (if against person)

             Counterfeiting (if a violation of section 3(4) of this act)

 

             CRIMES AGAINST PROPERTY/OTHER CRIMES

             2nd Degree Arson

             1st Degree Escape

             2nd Degree Burglary

             1st Degree Theft

             1st Degree Perjury

             1st Degree Introducing Contraband

             1st Degree Possession of Stolen Property

             Bribery

             Bribing a Witness

             Bribe received by a Witness

             Bomb Threat (if against property)

             1st Degree Malicious Mischief

             2nd Degree Theft

             2nd Degree Escape

             2nd Degree Introducing Contraband

             2nd Degree Possession of Stolen Property

             2nd Degree Malicious Mischief

             1st Degree Reckless Burning

             Taking a Motor Vehicle without Authorization

             Forgery

             2nd Degree Perjury

             2nd Degree Promoting Prostitution

             Tampering with a Witness

             Trading in Public Office

             Trading in Special Influence

             Receiving/Granting Unlawful Compensation

             Bigamy

             Eluding a Pursuing Police Vehicle

             Willful Failure to Return from Furlough

             Escape from Community Custody

             Riot (if against property)

             Thefts of Livestock

 

             ALL OTHER UNCLASSIFIED FELONIES

             Selection of Charges/Degree of Charge

             (1) The prosecutor should file charges which adequately describe the nature of defendant's conduct. Other offenses may be charged only if they are necessary to ensure that the charges:

             (a) Will significantly enhance the strength of the state's case at trial; or

             (b) Will result in restitution to all victims.

             (2) The prosecutor should not overcharge to obtain a guilty plea. Overcharging includes:

             (a) Charging a higher degree;

             (b) Charging additional counts.

             This standard is intended to direct prosecutors to charge those crimes which demonstrate the nature and seriousness of a defendant's criminal conduct, but to decline to charge crimes which are not necessary to such an indication. Crimes which do not merge as a matter of law, but which arise from the same course of conduct, do not all have to be charged.

 

             GUIDELINES/COMMENTARY:

             Police Investigation

             A prosecuting attorney is dependent upon law enforcement agencies to conduct the necessary factual investigation which must precede the decision to prosecute. The prosecuting attorney shall ensure that a thorough factual investigation has been conducted before a decision to prosecute is made. In ordinary circumstances the investigation should include the following:

             (1) The interviewing of all material witnesses, together with the obtaining of written statements whenever possible;

             (2) The completion of necessary laboratory tests; and

             (3) The obtaining, in accordance with constitutional requirements, of the suspect's version of the events.

             If the initial investigation is incomplete, a prosecuting attorney should insist upon further investigation before a decision to prosecute is made, and specify what the investigation needs to include.

             Exceptions

             In certain situations, a prosecuting attorney may authorize filing of a criminal complaint before the investigation is complete if:

             (1) Probable cause exists to believe the suspect is guilty; and

             (2) The suspect presents a danger to the community or is likely to flee if not apprehended; or

             (3) The arrest of the suspect is necessary to complete the investigation of the crime.

             In the event that the exception to the standard is applied, the prosecuting attorney shall obtain a commitment from the law enforcement agency involved to complete the investigation in a timely manner. If the subsequent investigation does not produce sufficient evidence to meet the normal charging standard, the complaint should be dismissed.

             Investigation Techniques

             The prosecutor should be fully advised of the investigatory techniques that were used in the case investigation including:

             (1) Polygraph testing;

             (2) Hypnosis;

             (3) Electronic surveillance;

             (4) Use of informants.

             Pre-Filing Discussions with Defendant

             Discussions with the defendant or his/her representative regarding the selection or disposition of charges may occur prior to the filing of charges, and potential agreements can be reached.

             Pre-Filing Discussions with Victim(s)

             Discussions with the victim(s) or victims' representatives regarding the selection or disposition of charges may occur before the filing of charges. The discussions may be considered by the prosecutor in charging and disposition decisions, and should be considered before reaching any agreement with the defendant regarding these decisions.


             NEW SECTION. Sec. 7. RCW 9.16.040 (Displaying goods with false trademark) and 1909 c 249 s 345 are each repealed."


             On page 1, line 1 of the title, after "counterfeiting;" strike the remainder of the title and insert "amending RCW 9.16.030 and 9.94A.440; reenacting and amending RCW 9.94A.320; adding new sections to chapter 9.16 RCW; repealing RCW 9.16.040; and prescribing penalties."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House concurred in the Senate amendment(s) to Engrossed House Bill No. 1007 and advanced the bill as amended by the Senate to final passage.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed House Bill No. 1007 as amended by the Senate.


             Representatives Ballasiotes and O'Brien spoke in favor of passage of the bill as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed House Bill No. 1007, as amended by the Senate and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. G. Chandler Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. K. Schmidt Schmidt, Schoesler, Schual-Berke, Skinner, D. H. Sommers Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 96.

             Excused: Representatives Quall and Scott - 2.


             Engrossed House Bill No. 1007, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL

April 23, 1999

Mr. Speaker:


             The Senate has passed Second Substitute House Bill No. 1037 with the following amendment(s):


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 19.190.010 and 1998 c 149 s 2 are each amended to read as follows:

             The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

             (1) "Assist the transmission" means actions taken by a person to provide substantial assistance or support which enables any person to formulate, compose, send, originate, initiate, or transmit a commercial electronic mail message when the person providing the assistance knows or consciously avoids knowing that the initiator of the commercial electronic mail message is engaged, or intends to engage, in any practice that violates the consumer protection act.

             (2) "Commercial electronic mail message" means an electronic mail message sent for the purpose of promoting real property, goods, or services for sale or lease. It does not mean an electronic mail message to which an interactive computer service provider has attached an advertisement in exchange for free use of an electronic mail account, when the sender has agreed to such an arrangement.

             (((2))) (3) "Electronic mail address" means a destination, commonly expressed as a string of characters, to which electronic mail may be sent or delivered.

             (((3))) (4) "Initiate the transmission" refers to the action by the original sender of an electronic mail message, not to the action by any intervening interactive computer service that may handle or retransmit the message, unless such intervening interactive computer service assists in the transmission of an electronic mail message when it knows, or consciously avoids knowing, that the person initiating the transmission is engaged, or intends to engage, in any act or practice that violates the consumer protection act.

             (((4))) (5) "Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions.

             (((5))) (6) "Internet domain name" refers to a globally unique, hierarchical reference to an internet host or service, assigned through centralized internet naming authorities, comprising a series of character strings separated by periods, with the right-most string specifying the top of the hierarchy.

             (7) "Person" means a person, corporation, partnership, or association.


             Sec. 2. RCW 19.190.020 and 1998 c 149 s 3 are each amended to read as follows:

             (1) No person((, corporation, partnership, or association)) may initiate the transmission, conspire with another to initiate the transmission, or assist the transmission, of a commercial electronic mail message from a computer located in Washington or to an electronic mail address that the sender knows, or has reason to know, is held by a Washington resident that:

             (a) Uses a third party's internet domain name without permission of the third party, or otherwise misrepresents or obscures any information in identifying the point of origin or the transmission path of a commercial electronic mail message; or

             (b) Contains false or misleading information in the subject line.

             (2) For purposes of this section, a person((, corporation, partnership, or association)) knows that the intended recipient of a commercial electronic mail message is a Washington resident if that information is available, upon request, from the registrant of the internet domain name contained in the recipient's electronic mail address.


             Sec. 3. RCW 19.190.030 and 1998 c 149 s 4 are each amended to read as follows:

             (1) It is a violation of the consumer protection act, chapter 19.86 RCW, to conspire with another person to initiate the transmission or to initiate the transmission of a commercial electronic mail message that:

             (a) Uses a third party's internet domain name without permission of the third party, or otherwise misrepresents or obscures any information in identifying the point of origin or the transmission path of a commercial electronic mail message; or

             (b) Contains false or misleading information in the subject line.

             (2) It is a violation of the consumer protection act, chapter 19.86 RCW, to assist in the transmission of a commercial electronic mail message, when the person providing the assistance knows, or consciously avoids knowing, that the initiator of the commercial electronic mail message is engaged, or intends to engage, in any act or practice that violates the consumer protection act.

             (3) The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.


             NEW SECTION. Sec. 4. RCW 19.190.005 (Findings) and 1998 c 149 s 1 are each repealed."


             On page 1, line 1 of the title, after "mail;" strike the remainder of the title and insert "amending RCW 19.190.010, 19.190.020, and 19.190.030; and repealing RCW 19.190.005."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House concurred in the Senate amendment(s) to Second Substitute House Bill No. 1037 and advanced the bill as amended by the Senate to final passage.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Second Substitute House Bill No. 1037 as amended by the Senate.


             Representatives Bush and Morris spoke in favor of passage of the bill as amended by the Senate.


             Representative Dunn spoke against the passage of the bill as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of Second Substitute House Bill No. 1037, as amended by the Senate and the bill passed the House by the following vote: Yeas - 95, Nays - 1, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. G. Chandler Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. K. Schmidt Schmidt, Schoesler, Schual-Berke, Skinner, D. H. Sommers Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 95.

             Voting nay: Representative Dunn - 1.

             Excused: Representatives Quall and Scott - 2.


             Second Substitute House Bill No. 1037, as amended by the Senate, having received the constitutional majority, was declared passed.


             There being no objection, the House deferred action on Substitute House Bill No. 1218, and the bill held its place on the concurrence calendar.


SENATE AMENDMENTS TO HOUSE BILL

April 16, 1999

Mr. Speaker:


             The Senate has passed Substitute House Bill No. 1448 with the following amendment(s):


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. In order to encourage the cleanup of contaminated areas of aquatic lands, the legislature declares its intent to centralize and streamline the state's decision-making processes. The department of ecology shall assume primary responsibility, on behalf of the state, for working cooperatively with local communities to seek expeditious and innovative cleanup solutions for state-owned aquatic lands. The department of ecology's decisions for remediation of state-owned aquatic lands shall be binding on all other state agencies.

             The legislature recognizes that local governments, through the shoreline management act, chapter 90.58 RCW, and the growth management act, chapter 36.70A RCW, have planned comprehensively in conjunction with the state and with port districts for the land uses that will occur on and around aquatic lands.

             In all land management matters involving state-owned aquatic land other than the cleanup of state-owned aquatic land, the department of natural resources shall retain all of its powers and responsibilities for implementing chapters 79.90 through 79.96 RCW and shall continue to exercise all of these existing land management powers and responsibilities.


             NEW SECTION. Sec. 2. A new section is added to chapter 79.90 RCW to read as follows:

             (1) The state finds that it may be appropriate to use state-owned aquatic lands as part of a remedial action for contaminated sediments from state or federally required cleanups of aquatic areas, or as mitigation for the habitat impacts of cleanup or disposal actions. In examining a proposal to use state-owned aquatic lands for disposal or habitat mitigation, the department of ecology, as required under chapters 70.105D, 90.48, and 43.21C RCW, shall evaluate a range of alternatives that consider habitat impacts, impacts to navigation and water-borne commerce, cost, and the benefits of expeditiously reducing the availability of hazardous substances to the environment.

             (2) The department of ecology may require the disposal or containment of contaminated sediments on state-owned aquatic lands only in an approved multi-user confined aquatic disposal site, or when the following conditions are met:

             (a) The department finds that such use presents the most environmentally protective option among a reasonable range of upland, nearshore, and in-water disposal options;

             (b) The department of ecology finds that there are no unacceptable adverse environmental impacts from the loss of nearshore vegetated aquatic habitat; and

             (c) The normal use of harbor areas for commerce and navigation is not impaired.

             (3) In examining alternatives for remedial action, the department shall consult with affected state agencies, federal agencies, tribes, port districts, and local governments. In selecting disposal sites under this section, the department shall strive to limit the number of separate disposal locations.

             (4) If the department of ecology, in exercising its regulatory authority to require cleanup of contaminated sediments, chooses a remedial action or concurs with an action required under the comprehensive environmental response, compensation, and liability act of 1980 that requires the use of state-owned aquatic land for containment or disposal of sediments, or for mitigation of habitat, the department of natural resources shall issue a use authorization within sixty days of the date the department of ecology issues or concurs in a final remedial action. This use authorization must contain the provisions needed to expeditiously allow the use of state-owned aquatic lands for the implementation of those activities required, or concurred with, by the department of ecology. The use authorization may not contain terms or conditions which, in the judgment of the department of ecology, delay or alter the purpose of the remedial action. Any such use authorization may contain measures to indemnify or otherwise hold the state harmless from any additional liability arising out of the use of state-owned aquatic lands. Nothing in this section shall be construed to impose liability on the state as a result of the department of ecology's exercise of its regulatory authority to require cleanup.

             (5) This section only applies to the cleanup and mitigation of the impacts of cleanup of state-owned aquatic land. It does not affect the powers and responsibilities of the department of natural resources for implementing chapters 79.90 through 79.96 RCW in any other land management matters.


             Sec. 3. RCW 79.90.465 and 1984 c 221 s 4 are each amended to read as follows:

             The definitions in this section apply throughout chapters 79.90 through 79.96 RCW.

             (1) "Water-dependent use" means a use which cannot logically exist in any location but on the water. Examples include, but are not limited to, water-borne commerce; terminal and transfer facilities; ferry terminals; watercraft sales in conjunction with other water-dependent uses; watercraft construction, repair, and maintenance; moorage and launching facilities; aquaculture; log booming; aquatic habitat mitigation; and public fishing piers and parks.

             (2) "Water-oriented use" means a use which historically has been dependent on a waterfront location, but with existing technology could be located away from the waterfront. Examples include, but are not limited to, wood products manufacturing, watercraft sales, fish processing, petroleum refining, sand and gravel processing, log storage, and house boats. For the purposes of determining rent under this chapter, water-oriented uses shall be classified as water-dependent uses if the activity either is conducted on state-owned aquatic lands leased on October 1, 1984, or was actually conducted on the state-owned aquatic lands for at least three years before October 1, 1984. If, after October 1, 1984, the activity is changed to a use other than a water-dependent use, the activity shall be classified as a nonwater-dependent use. If continuation of the existing use requires leasing additional state-owned aquatic lands and is permitted under the shoreline management act of 1971, chapter 90.58 RCW, the department may allow reasonable expansion of the water-oriented use.

             (3) "Nonwater-dependent use" means a use which can operate in a location other than on the waterfront. Examples include, but are not limited to, hotels, condominiums, apartments, restaurants, retail stores, and warehouses not part of a marine terminal or transfer facility.

             (4) "Log storage" means the water storage of logs in rafts or otherwise prepared for shipment in water-borne commerce, but does not include the temporary holding of logs to be taken directly into a vessel or processing facility.

             (5) "Log booming" means placing logs into and taking them out of the water, assembling and disassembling log rafts before or after their movement in water-borne commerce, related handling and sorting activities taking place in the water, and the temporary holding of logs to be taken directly into a processing facility. "Log booming" does not include the temporary holding of logs to be taken directly into a vessel.

             (6) "Department" means the department of natural resources.

             (7) "Port district" means a port district created under Title 53 RCW.

             (8) The "real rate of return" means the average for the most recent ten calendar years of the average rate of return on conventional real property mortgages as reported by the federal home loan bank board or any successor agency, minus the average inflation rate for the most recent ten calendar years.

             (9) The "inflation rate" for a given year is the percentage rate of change in the previous calendar year's all commodity producer price index of the bureau of labor statistics of the United States department of commerce. If the index ceases to be published, the department shall designate by rule a comparable substitute index.

             (10) "Public utility lines" means pipes, conduits, and similar facilities for distribution of water, electricity, natural gas, telephone, other electronic communication, and sewers, including sewer outfall lines.

             (11) "Terminal" means a point of interchange between land and water carriers, such as a pier, wharf, or group of such, equipped with facilities for care and handling of cargo and/or passengers.

             (12) "State-owned aquatic lands" means those aquatic lands and waterways administered by the department of natural resources or managed under RCW 79.90.475 by a port district. "State-owned aquatic lands" does not include aquatic lands owned in fee by, or withdrawn for the use of, state agencies other than the department of natural resources."


             On page 1, line 2 of the title, after "sediments;" strike the remainder of the title and insert "amending RCW 79.90.465; adding a new section to chapter 79.90 RCW; and creating a new section."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House concurred in the Senate amendment(s) to Substitute House Bill No. 1448 and advanced the bill as amended by the Senate to final passage.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute House Bill No. 1448 as amended by the Senate.


             Representatives Linville and Ericksen spoke in favor of passage of the bill as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 1448, as amended by the Senate and the bill passed the House by the following vote: Yeas - 66, Nays - 30, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Ballasiotes, Boldt, Buck, Cairnes, Carlson, Carrell, B. G. Chandler Chandler, Clements, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Eickmeyer, Ericksen, Esser, Fortunato, Grant, Hankins, Hatfield, Huff, Kastama, Keiser, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, O'Brien, Parlette, Pennington, Radcliff, Reardon, Ruderman, Schindler, D. K. Schmidt Schmidt, Schoesler, Skinner, D. H. Sommers Sommers, Stensen, Sullivan, Sump, Talcott, Van Luven, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 66.

             Voting nay: Representatives Anderson, Barlean, Benson, Bush, Campbell, Cody, Constantine, Dunshee, Edmonds, Edwards, Fisher, Gombosky, Haigh, Hurst, Kagi, Kenney, McIntire, Miloscia, Murray, Ogden, Pflug, Poulsen, Regala, Rockefeller, Romero, Santos, Schual-Berke, Thomas, Tokuda and Veloria - 30.

             Excused: Representatives Quall and Scott - 2.


             Substitute House Bill No. 1448, as amended by the Senate, having received the constitutional majority, was declared passed.


STATEMENT FOR THE JOURNAL


             I intended to vote NAY on Substitite House Bill No. 1448.

PATRICIA LANTZ, 26th District


STATEMENT FOR THE JOURNAL


             I intended to vote NAY on Substitite House Bill No. 1448.

ED MURRAY, 43rd District


SENATE AMENDMENTS TO HOUSE BILL

April 15, 1999

Mr. Speaker:


             The Senate has passed Second Substitute House Bill No. 1574 with the following amendment(s)


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 13.34.030 and 1998 c 130 s 1 are each amended to read as follows:

             For purposes of this chapter:

             (1) "Chemical dependency treatment" means a service certified by the department as qualified in helping individuals successfully recover from the nonprescription use of controlled substances.

             (2) "Child" and "juvenile" means any individual under the age of eighteen years.

             (((2))) (3) "Current placement episode" means the period of time that begins with the most recent date that the child was removed from the home of the parent, guardian, or legal custodian for purposes of placement in out-of-home care and continues until the child returns home, an adoption decree, a permanent custody order, or guardianship order is entered, or the dependency is dismissed, whichever occurs soonest. If the most recent date of removal occurred prior to the filing of a dependency petition under this chapter or after filing but prior to entry of a disposition order, such time periods shall be included when calculating the length of a child's current placement episode.

             (((3))) (4) "Department" means the department of social and health services.

             (5) "Dependency finding" means a determination by the court that a child is a dependent child.

             (6) "Dependency guardian" means the person, nonprofit corporation, or Indian tribe appointed by the court pursuant to RCW 13.34.232 for the limited purpose of assisting the court in the supervision of the dependency.

             (((4))) (7) "Dependency petition" means a petition filed under this chapter.

             (8) "Dependent child" means any child:

             (a) Who has been abandoned; that is, where the child's parent, guardian, or other custodian has expressed either by statement or conduct, an intent to forego, for an extended period, parental rights or parental responsibilities despite an ability to do so. If the court finds that the petitioner has exercised due diligence in attempting to locate the parent, no contact between the child and the child's parent, guardian, or other custodian for a period of three months creates a rebuttable presumption of abandonment, even if there is no expressed intent to abandon;

             (b) Who is abused or neglected as defined in chapter 26.44 RCW by a person legally responsible for the care of the child; or

             (c) Who has no parent, guardian, or custodian capable of adequately caring for the child, such that the child is in circumstances which constitute a danger of substantial damage to the child's psychological or physical development.

             (((5))) (9) "Drug-affected infant" has the definition created by the department of health in conjunction with the department of social and health services under RCW 13.34.801 and the infant requires treatment for withdrawal from controlled substances the infant was exposed to from the mother's use of nonprescription controlled substances or the infant requires treatment and services related to conditions that extend beyond the point of withdrawal.

             (10) "Family planning" means the process of limiting or spacing the birth of children, education, counseling, information, and services. "Family planning" does not include pregnancy termination.

             (11) "Guardian" means the person or agency that: (a) Has been appointed as the guardian of a child in a legal proceeding other than a proceeding under this chapter; and (b) has the legal right to custody of the child pursuant to such appointment. The term "guardian" shall not include a "dependency guardian" appointed pursuant to a proceeding under this chapter.

             (((6))) (12) "Guardian ad litem" means a person, appointed by the court to represent the best interest of a child in a proceeding under this chapter, or in any matter which may be consolidated with a proceeding under this chapter. A "court-appointed special advocate" appointed by the court to be the guardian ad litem for the child, or to perform substantially the same duties and functions as a guardian ad litem, shall be deemed to be guardian ad litem for all purposes and uses of this chapter.

             (((7))) (13) "Guardian ad litem program" means a court-authorized volunteer program, which is or may be established by the superior court of the county in which such proceeding is filed, to manage all aspects of volunteer guardian ad litem representation for children alleged or found to be dependent. Such management shall include but is not limited to: Recruitment, screening, training, supervision, assignment, and discharge of volunteers.

             (((8))) (14) "Newborn infant" means an infant within seven days after birth.

             (15) "Out-of-home care" means placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or placement in a home, other than that of the child's parent, guardian, or legal custodian, not required to be licensed pursuant to chapter 74.15 RCW.

             (((9))) (16) "Preventive services" means preservation services, as defined in chapter 74.14C RCW, and other reasonably available services capable of preventing the need for out-of-home placement while protecting the child.

             (17) "Test" means use of a medically accepted standard of care for determining whether a newborn infant is a drug-affected infant.


             NEW SECTION. Sec. 2. A new section is added to chapter 13.34 RCW to read as follows:

             In an effort to reduce the harmful effects of drug-affected infants:

             (1)(a) A woman's primary health care provider shall:

             (i) Screen pregnant and lactating women for nonprescription use of controlled substances while pregnant. Screening criteria may include, but is not limited to, the criteria developed by the department of health pursuant to chapter 70.83E RCW;

             (ii) Convey to the infant's primary health care provider screening findings that would suggest the need for testing of the infant, or conduct the testing; and

             (iii) Inform each woman identified by screening for testing of her infant that if her infant is born drug-affected she can have a tubal ligation at no cost to her within six months following the birth if she is eligible for support under RCW 74.09.310, and how to access appropriate chemical dependency treatment.

             (b) The provider shall not be liable for a decision regarding testing or reporting unless the decision amounts to gross negligence or intentional misconduct.

             (2)(a) The health care provider of a newborn infant shall:

             (i) Test any infant the provider reasonably believes is drug-affected; and

             (ii) Notify the department of the name and address of the parent or parents of a drug-affected infant.

             (b) The provider shall not be liable for a decision regarding testing or reporting unless the decision amounts to gross negligence or intentional misconduct.

             (3) The department shall investigate all reports received under this section.


             NEW SECTION. Sec. 3. A new section is added to chapter 13.34 RCW to read as follows:

             When an infant is determined to be a first drug-affected infant, the department shall file a dependency petition in appropriate cases. The drug-affected status of an infant is not by itself sufficient to establish a finding that the drug-affected infant is dependent.

             (1) The department and the mother may enter an agreement in which the mother agrees to chemical dependency treatment on an inpatient or outpatient basis. The mother must be offered education regarding family planning and medically appropriate pharmaceutical pregnancy prevention during the course of chemical dependency treatment with a preference for those methods administered not less than once every thirty days. In addition, the agreement shall:

             (a) Specify completion dates for each of the conditions of treatment;

             (b) Expire within twelve months of the date of execution; and

             (c) Not be renegotiated or extended beyond twelve months of the date of execution unless the conditions, which were negotiated, cannot be fulfilled in twelve months and the reason the conditions cannot be fulfilled are completely beyond the control of the mother.

             (2) If the department has filed a dependency petition and the department and the mother enter an agreement under subsection (1) of this section, the department shall request the court defer entry of a dependency finding for as long as the mother abides by the terms of the agreement subject to the department's monitoring compliance.

             (3) As a condition of deferral of the dependency finding, the parties shall stipulate to facts sufficient to constitute a dependency. In the event a party unreasonably refuses to stipulate to facts sufficient to constitute a dependency, the court may proceed with hearings on the petition.

             (4) If the court orders deferral of the dependency finding, the court shall order performance of the agreement and shall prohibit nonprescription use of controlled substances.

             (5) The department or any party to the petition may request the court dismiss a deferred finding at any time if the mother demonstrates by clear and convincing evidence that she has not used controlled substances for at least twelve consecutive months unless the court finds compelling reasons to shorten the time after consulting with the substance abuse provider, but under no circumstances less than six months, and she can safely provide for the child's welfare without continuing supervision by the department or court.

             (6) In the event the department does not file a petition or enter an agreement, the department shall refer the mother to available chemical dependency treatment.


             NEW SECTION. Sec. 4. A new section is added to chapter 13.34 RCW to read as follows:

              When an infant is determined to be a second drug-affected infant, the department shall file a dependency petition for the second drug-affected infant unless compelling reasons exist to the contrary. The department may proceed immediately with a dependency petition on the first drug-affected infant. The drug-affected status of an infant is not by itself sufficient to establish a finding that the drug-affected infant is dependent.

             (1) The department and the mother may enter an agreement in which the mother agrees to inpatient chemical dependency treatment unless the department determines outpatient treatment is in the best interest of the child and participation in a model project developed under RCW 13.34.800 for aftercare services if the model project is available. The mother must be offered education regarding family planning and medically appropriate pharmaceutical pregnancy prevention during the course of chemical dependency treatment with a preference for those methods administered not less than once every thirty days. In addition, the agreement shall:

             (a) Specify completion dates for each of the conditions of treatment;

             (b) Expire within twelve months of the date of execution; and

             (c) Not be renegotiated or extended beyond twelve months of the date of execution unless the conditions, which were negotiated, cannot be fulfilled in twelve months and the reason the conditions cannot be fulfilled are completely outside the control of the mother.

             (2) If the department has filed a dependency petition and the department and the mother enter an agreement under subsection (1) of this section, the department shall request the court defer entry of a dependency finding for as long as the mother abides by the terms of the agreement subject to the department's monitoring compliance.

             (3) As a condition of deferral of the dependency finding, the parties shall stipulate to facts sufficient to constitute a dependency. In the event a party unreasonably refuses to stipulate to facts sufficient to constitute a dependency, the court may proceed with hearings on the petition.

             (4) If the court orders deferral of the dependency finding, the court shall order performance of the agreement and shall prohibit nonprescription use of controlled substances.

             (5) The department or the mother may request the court dismiss a deferred finding at any time if the mother demonstrates by clear and convincing evidence that she has not used controlled substances for at least twelve consecutive months unless the court finds compelling reasons to shorten the time after consulting with the substance abuse provider, but under no circumstances less than six months, and she can safely provide for the child's welfare without continuing supervision by the department or court.

             (6) In the event the department does not file a petition or enter an agreement, the department shall refer the mother to available chemical dependency treatment programs.


             NEW SECTION. Sec. 5. A new section is added to chapter 13.34 RCW to read as follows:

             Unless compelling reasons exist to the contrary, the department shall file a dependency petition when an infant is determined to be a third or subsequent drug-affected infant. Unless compelling reasons exist to the contrary, the department shall proceed with dependency petitions on all drug-affected children born before the third or subsequent birth. The drug-affected status of an infant is not by itself sufficient to establish a finding that the drug-affected infant is dependent.

             (1) The court shall order evaluation by a designated chemical dependency specialist, as defined in RCW 70.96A.020, who shall undertake the processes described in RCW 70.96A.140. If the mother enters chemical dependency treatment, the mother must be offered education regarding family planning and medically appropriate pharmaceutical pregnancy prevention during the course of chemical dependency treatment with a preference for those methods administered not less than once every thirty days.

             (2) If the court has ordered removal of a child or children, the out-of-home placement order shall remain in effect until the petition is dismissed or the mother has successfully completed inpatient chemical dependency treatment and an aftercare chemical dependency treatment program unless compelling reasons exist to the contrary. The mother must establish to the court that she can safely provide for the welfare of her child or children.


             NEW SECTION. Sec. 6. A new section is added to chapter 13.34 RCW to read as follows:

             Nothing in sections 2 through 5 of this act may be interpreted to prohibit or compel action in the best interests of the child by the department independent from the drug-affected status of an infant.


             NEW SECTION. Sec. 7. A new section is added to chapter 13.34 RCW to read as follows:

             Notwithstanding sections 2 through 5 of this act, no provider of chemical dependency treatment services may be required by law or contract in any circumstance to participate in the provision of family planning services if the provider objects to so doing for reasons of conscience or religion. Each provider of chemical dependency treatment that invokes the exemption provided under this section shall promptly provide written notice to persons admitted to treatment listing the family planning services the provider refuses to provide for the reason of conscience or religion and how a person admitted to treatment may access family planning in an expeditious manner. When negotiating contracts for chemical dependency treatment services, the department shall prioritize contracted services under sections 3 through 5 of this act for the purpose of maximizing the number of providers who can show effective measurable outcomes in reducing chemical dependency and the birth of drug-affected infants through effective treatment regardless of whether or not they provide family planning services.


             Sec. 8. RCW 13.34.070 and 1993 c 358 s 1 are each amended to read as follows:

             (1) Upon the filing of the petition, the clerk of the court shall issue a summons, one directed to the child, if the child is twelve or more years of age, and another to the parents, guardian, or custodian, and such other persons as appear to the court to be proper or necessary parties to the proceedings, requiring them to appear personally before the court at the time fixed to hear the petition. If the child is developmentally disabled and not living at home, the notice shall be given to the child's custodian as well as to the child's parent. The developmentally disabled child shall not be required to appear unless requested by the court. Where the custodian is summoned, the parent or guardian or both shall also be served with a summons. The fact-finding hearing on the petition shall be held no later than seventy-five days after the filing of the petition, unless exceptional reasons for a continuance are found. In cases of a drug-affected infant, exceptional reasons for a continuance exist if the mother and the department have executed an agreement that will take more than seventy-five days to fulfill. The party requesting the continuance shall have the burden of proving by a preponderance of the evidence that exceptional circumstances do exist. To ensure that the hearing on the petition occurs within the seventy-five day time limit, the court shall schedule and hear the matter on an expedited basis.

             (2) A copy of the petition shall be attached to each summons.

             (3) The summons shall advise the parties of the right to counsel. The summons shall also inform the child's parent, guardian, or legal custodian of his or (([her])) her right to appointed counsel, if indigent, and of the procedure to use to secure appointed counsel.

             (4) The summons shall advise the parents that they may be held responsible for the support of the child if the child is placed in out-of-home care.

             (5) The judge may endorse upon the summons an order directing any parent, guardian, or custodian having the custody or control of the child to bring the child to the hearing.

             (6) If it appears from affidavit or sworn statement presented to the judge that there is probable cause for the issuance of a warrant of arrest or that the child needs to be taken into custody pursuant to RCW 13.34.050, the judge may endorse upon the summons an order that an officer serving the summons shall at once take the child into custody and take him to the place of shelter designated by the court.

             (7) If the person summoned as provided in this section is subject to an order of the court pursuant to subsection (5) or (6) of this section, and if the person fails to abide by the order, he may be proceeded against as for contempt of court. The order endorsed upon the summons shall conspicuously display the following legend:

 

NOTICE:

VIOLATION OF THIS ORDER

IS SUBJECT TO PROCEEDING

FOR CONTEMPT OF COURT

PURSUANT TO RCW 13.34.070.

 

             (8) If a party to be served with a summons can be found within the state, the summons shall be served upon the party personally as soon as possible following the filing of the petition, but in no case later than fifteen court days before the fact-finding hearing, or such time as set by the court. If the party is within the state and cannot be personally served, but the party's address is known or can with reasonable diligence be ascertained, the summons may be served upon the party by mailing a copy thereof by certified mail as soon as possible following the filing of the petition, but in no case later than fifteen court days before the hearing, or such time as set by the court. If a party other than the child is without the state but can be found or the address is known, or can with reasonable diligence be ascertained, service of the summons may be made either by delivering a copy thereof to the party personally or by mailing a copy thereof to the party by certified mail at least ten court days before the fact-finding hearing, or such time as set by the court.

             (9) Service of summons may be made under the direction of the court by any person eighteen years of age or older who is not a party to the proceedings or by any law enforcement officer, probation counselor, or department of social and health services social worker.

             (10) In any proceeding brought under this chapter where the court knows or has reason to know that the child involved is a member of an Indian tribe, notice of the pendency of the proceeding shall also be sent by registered mail, return receipt requested, to the child's tribe. If the identity or location of the tribe cannot be determined, such notice shall be transmitted to the secretary of the interior of the United States.


             Sec. 9. RCW 13.34.130 and 1998 c 314 s 2 and 1998 c 130 s 2 are each reenacted and amended to read as follows:

             If, after a fact-finding hearing pursuant to RCW 13.34.110, it has been proven by a preponderance of the evidence that the child is dependent within the meaning of RCW 13.34.030; after consideration of the predisposition report prepared pursuant to RCW 13.34.110 and after a disposition hearing has been held pursuant to RCW 13.34.110, the court shall enter an order of disposition pursuant to this section.

             (1) The court shall order one of the following dispositions of the case:

             (a) Order a disposition other than removal of the child from his or her home, which shall provide a program designed to alleviate the immediate danger to the child, to mitigate or cure any damage the child has already suffered, and to aid the parents so that the child will not be endangered in the future. In selecting a program, the court should choose those services that least interfere with family autonomy, provided that the services are adequate to protect the child.

             (b) Order that the child be removed from his or her home and ordered into the custody, control, and care of a relative or the department of social and health services or a licensed child placing agency for placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or in a home not required to be licensed pursuant to chapter 74.15 RCW. Unless there is reasonable cause to believe that the safety or welfare of the child would be jeopardized or that efforts to reunite the parent and child will be hindered, such child shall be placed with a person who is related to the child as defined in RCW 74.15.020(((4))) (2)(a) and with whom the child has a relationship and is comfortable, and who is willing and available to care for the child. Placement of the child with a relative under this subsection shall be given preference by the court. An order for out-of-home placement may be made only if the court finds that reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home, specifying the services that have been provided to the child and the child's parent, guardian, or legal custodian, and that preventive services have been offered or provided and have failed to prevent the need for out-of-home placement, unless the health, safety, and welfare of the child cannot be protected adequately in the home, and that:

             (i) There is no parent or guardian available to care for such child;

             (ii) The parent, guardian, or legal custodian is not willing to take custody of the child;

             (iii) The court finds, by clear, cogent, and convincing evidence, a manifest danger exists that the child will suffer serious abuse or neglect if the child is not removed from the home and an order under RCW 26.44.063 would not protect the child from danger; or

             (iv) The extent of the child's disability is such that the parent, guardian, or legal custodian is unable to provide the necessary care for the child and the parent, guardian, or legal custodian has determined that the child would benefit from placement outside of the home.

             (2) If the court has ordered a child removed from his or her home pursuant to subsection (1)(b) of this section, the court may order that a petition seeking termination of the parent and child relationship be filed if the court finds: (a) Termination is recommended by the supervising agency; (b) termination is in the best interests of the child; and (c) that because of the existence of aggravated circumstances, reasonable efforts to unify the family are not required. Notwithstanding the existence of aggravated circumstances, reasonable efforts may be required if the court or department determines it is in the best interest of the child. In determining whether aggravated circumstances exist, the court shall consider one or more of the following:

             (i) Conviction of the parent of rape of the child in the first, second, or third degree as defined in RCW 9A.44.073, 9A.44.076, and 9A.44.079;

             (ii) Conviction of the parent of criminal mistreatment of the child in the first or second degree as defined in RCW 9A.42.020 and 9A.42.030;

             (iii) Conviction of the parent of one of the following assault crimes, when the child is the victim: Assault in the first or second degree as defined in RCW 9A.36.011 and 9A.36.021 or assault of a child in the first or second degree as defined in RCW 9A.36.120 or 9A.36.130;

             (iv) Conviction of the parent of murder, manslaughter, or homicide by abuse of the child's other parent, sibling, or another child;

             (v) Conviction of the parent of attempting, soliciting, or conspiracy to commit a crime listed in (c)(i), (ii), (iii), or (iv) of this subsection;

             (vi) A finding by a court that a parent is a sexually violent predator as defined in RCW 71.09.020;

             (vii) Failure of the parent to complete available treatment ordered under this chapter or the equivalent laws of another state, where such failure has resulted in a prior termination of parental rights to another child and the parent has failed to effect significant change in the interim. In the case of a parent of an Indian child, as defined in the Indian Child Welfare Act, P.L. 95-608 (25 U.S.C. (([Sec.])) Sec. 1903), the court shall also consider tribal efforts to assist the parent in completing treatment and make it possible for the child to return home;

             (viii) An infant under three years of age has been abandoned as defined in RCW 13.34.030(((4))) (8)(a);

             (ix) The mother has given birth to three or more drug-affected infants, resulting in the department filing a petition under ((section 23 of this act)) section 5 of this act.

             (3) If reasonable efforts are not ordered under subsection (2) of this section a permanency ((plan [planning])) planning hearing shall be held within thirty days. Reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan, and to complete whatever steps are necessary to finalize the permanent placement of the child.

             (4) Whenever a child is ordered removed from the child's home, the agency charged with his or her care shall provide the court with:

             (a) A permanency plan of care that shall identify one of the following outcomes as a primary goal and may identify additional outcomes as alternative goals: Return of the child to the home of the child's parent, guardian, or legal custodian; adoption; guardianship; permanent legal custody; or long-term relative or foster care, until the child is age eighteen, with a written agreement between the parties and the care provider; and independent living, if appropriate and if the child is age sixteen or older. Whenever a permanency plan identifies independent living as a goal, the plan shall also specifically identify the services that will be provided to assist the child to make a successful transition from foster care to independent living. Before the court approves independent living as a permanency plan of care, the court shall make a finding that the provision of services to assist the child in making a transition from foster care to independent living will allow the child to manage his or her financial affairs and to manage his or her personal, social, educational, and nonfinancial affairs. The department shall not discharge a child to an independent living situation before the child is eighteen years of age unless the child becomes emancipated pursuant to chapter 13.64 RCW.

             (b) Unless the court has ordered, pursuant to subsection (2) of this section, that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to return the child home, and what actions the agency will take to maintain parent-child ties. All aspects of the plan shall include the goal of achieving permanence for the child.

             (i) The agency plan shall specify what services the parents will be offered in order to enable them to resume custody, what requirements the parents must meet in order to resume custody, and a time limit for each service plan and parental requirement.

             (ii) The agency shall be required to encourage the maximum parent-child contact possible, including regular visitation and participation by the parents in the care of the child while the child is in placement. Visitation may be limited or denied only if the court determines that such limitation or denial is necessary to protect the child's health, safety, or welfare.

             (iii) A child shall be placed as close to the child's home as possible, preferably in the child's own neighborhood, unless the court finds that placement at a greater distance is necessary to promote the child's or parents' well-being.

             (iv) The agency charged with supervising a child in placement shall provide all reasonable services that are available within the agency, or within the community, or those services which the department of social and health services has existing contracts to purchase. It shall report to the court if it is unable to provide such services.

             (c) If the court has ordered, pursuant to subsection (2) of this section, that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to achieve permanency for the child, services to be offered or provided to the child, and, if visitation would be in the best interests of the child, a recommendation to the court regarding visitation between parent and child pending a fact-finding hearing on the termination petition. The agency shall not be required to develop a plan of services for the parents or provide services to the parents.

             (5) If the court determines that the continuation of reasonable efforts to prevent or eliminate the need to remove the child from his or her home or to safely return the child home should not be part of the permanency plan of care for the child, reasonable efforts shall be made to place the child in a timely manner and to complete whatever steps are necessary to finalize the permanent placement of the child.

             (6) If there is insufficient information at the time of the disposition hearing upon which to base a determination regarding the suitability of a proposed placement with a relative, the child shall remain in foster care and the court shall direct the supervising agency to conduct necessary background investigations as provided in chapter 74.15 RCW and report the results of such investigation to the court within thirty days. However, if such relative appears otherwise suitable and competent to provide care and treatment, the criminal history background check need not be completed before placement, but as soon as possible after placement. Any placements with relatives, pursuant to this section, shall be contingent upon cooperation by the relative with the agency case plan and compliance with court orders related to the care and supervision of the child including, but not limited to, court orders regarding parent-child contacts and any other conditions imposed by the court. Noncompliance with the case plan or court order shall be grounds for removal of the child from the relative's home, subject to review by the court.

             (7) Except for children whose cases are reviewed by a citizen review board under chapter 13.70 RCW, the status of all children found to be dependent shall be reviewed by the court at least every six months from the beginning date of the placement episode or the date dependency is established, whichever is first, at a hearing in which it shall be determined whether court supervision should continue. The review shall include findings regarding the agency and parental completion of disposition plan requirements, and if necessary, revised permanency time limits. The supervising agency shall provide a foster parent, preadoptive parent, or relative with notice of, and their right to an opportunity to be heard in, a review hearing pertaining to the child, but only if that person is currently providing care to that child at the time of the hearing. This section shall not be construed to grant party status to any person who has been provided an opportunity to be heard.

             (a) A child shall not be returned home at the review hearing unless the court finds that a reason for removal as set forth in this section no longer exists. The parents, guardian, or legal custodian shall report to the court the efforts they have made to correct the conditions which led to removal. If a child is returned, casework supervision shall continue for a period of six months, at which time there shall be a hearing on the need for continued intervention.

             (b) If the child is not returned home, the court shall establish in writing:

             (i) Whether reasonable services have been provided to or offered to the parties to facilitate reunion, specifying the services provided or offered;

             (ii) Whether the child has been placed in the least-restrictive setting appropriate to the child's needs, including whether consideration and preference has been given to placement with the child's relatives;

             (iii) Whether there is a continuing need for placement and whether the placement is appropriate;

             (iv) Whether there has been compliance with the case plan by the child, the child's parents, and the agency supervising the placement;

             (v) Whether progress has been made toward correcting the problems that necessitated the child's placement in out-of-home care;

             (vi) Whether the parents have visited the child and any reasons why visitation has not occurred or has been infrequent;

             (vii) Whether additional services are needed to facilitate the return of the child to the child's parents; if so, the court shall order that reasonable services be offered specifying such services; and

             (viii) The projected date by which the child will be returned home or other permanent plan of care will be implemented.

             (c) The court at the review hearing may order that a petition seeking termination of the parent and child relationship be filed.


             Sec. 10. RCW 74.09.310 and 1998 c 314 s 34 are each amended to read as follows:

             The department may make available, or cause to be made available, pharmaceutical birth control services, information, and counseling to any person who enters chemical dependency treatment under ((section 20 or 21 of this act)) sections 3 through 5 of this act. Within available funds, the department may pay for any tubal ligations requested under ((section 19 of this act)) section 2 of this act if the mother's income is less than two hundred percent of the federal poverty level. The department shall report by December 1st of each year to the governor and legislature: (1) The number of tubal ligations performed as a result of ((chapter 314, Laws of 1998)) this act; (2) the number of women who decline to undergo the surgery; (3) the number of women who obtain pharmaceutical birth control, by type of birth control; and (4) the number of women who are reported to the department.


             Sec. 11. RCW 18.71.950 and 1998 c 314 s 36 are each amended to read as follows:

             (((1))) Nothing in ((section 19 of this act)) sections 2 through 5 of this act imposes any additional duties or responsibilities on, or removes any duties or responsibilities from, a physician licensed under this chapter, except as specifically included in chapter 13.34 RCW ((and RCW 70.96A.330)) and RCW 74.09.310.

             (((2) This section expires June 30, 2002.))


             Sec. 12. RCW 18.57.920 and 1998 c 314 s 37 are each amended to read as follows:

             (((1))) Nothing in ((section 19 of this act)) sections 2 through 5 of this act imposes any additional duties or responsibilities on, or removes any duties or responsibilities from, an osteopath licensed under this chapter, except as specifically included in chapter 13.34 RCW ((and RCW 70.96A.330)) and RCW 74.09.310.

             (((2) This section expires June 30, 2002.))


             Sec. 13. RCW 18.79.903 and 1998 c 314 s 38 are each amended to read as follows:

             (((1))) Nothing in ((section 19 of this act)) sections 2 through 5 of this act imposes any additional duties or responsibilities on, or removes any duties or responsibilities from, an advanced registered nurse practitioner licensed under this chapter, except as specifically included in chapter 13.34 RCW ((and RCW 70.96A.330)) and RCW 74.09.310.

             (((2) This section expires June 30, 2002.))


             NEW SECTION. Sec. 14. The following acts or parts of acts are each repealed:

             (1) RCW 18.57.930 (Application--1998 c 314) and 1998 c 314 s 43;

             (2) RCW 18.71.960 (Application--1998 c 314) and 1998 c 314 s 42;

             (3) RCW 18.79.904 (Application--1998 c 314) and 1998 c 314 s 44;

             (4) RCW 70.96A.330 (Treatment programs and model projects--Provision of family planning) and 1998 c 314 s 33; and

             (5) RCW 70.96A.340 (Treatment programs and model projects--Provision of family planning) and 1998 c 314 s 41.


             NEW SECTION. Sec. 15. This act applies only to drug-affected infants born on or after the effective date of this act.


             NEW SECTION. Sec. 16. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.


             NEW SECTION. Sec. 17. The Washington institute for public policy shall evaluate the outcomes of this act and report its findings to the legislature and governor not later than December 1, 2001. The evaluation shall include:

             (1) The number of women who use nonprescription controlled substances during pregnancy and give birth to drug-affected infants;

             (2) The number of women who use nonprescription controlled substances during pregnancy and give birth to subsequent drug-affected infants;

             (3) The number of women who accept pharmaceutical pregnancy prevention while in chemical dependency treatment;

             (4) The number of women who continue to engage in pharmaceutical pregnancy prevention or other reliable pregnancy prevention methods after concluding chemical dependency treatment;

             (5) The number of women who accept the offer of free tubal ligation;

             (6) The rate of successful completion of chemical dependency treatment among women who enter treatment under this act;

             (7) The number of dependencies filed and deferred under this act and outcomes of the deferrals; and

             (8) A description of the mother's chemical dependency including identification of the drugs and/or alcohol abused.


             Sec. 18. RCW 71.24.310 and 1989 c 205 s 6 are each amended to read as follows:

             The legislature finds that administration of chapter 71.05 RCW and this chapter can be most efficiently and effectively implemented as part of the regional support network defined in RCW 71.24.025. For this reason, the legislature intends that any enhanced program funding for implementation of chapter 71.05 RCW or this chapter, except for funds allocated for implementation of mandatory state-wide programs as required by federal statute, and except for funds appropriated for the purposes under section 19 of this act, be made available primarily to those counties participating in regional support networks.


             NEW SECTION. Sec. 19. A new section is added to chapter 71.24 RCW to read as follows:

             (1) To the extent funds are specifically appropriated for this purpose, the department shall establish a mechanism for providing financial assistance in accessing atypical antipsychotic medications for low-income persons not eligible for such assistance through medicaid or other third party payors or who are transitioning to medicaid eligibility. Persons eligible for atypical antipsychotic medication financial assistance through the mechanism established by the department shall include persons who:

             (a) Have been appropriately prescribed atypical antipsychotic medications for a mental health condition; and

             (b)(i) Are unable to function in daily activities, or (ii) cannot retain employment; or (iii) pose a likelihood of serious harm as defined in RCW 71.05.020; and

             (c) Are low income and not eligible for such assistance through medicaid or other third party payors or are in the process of transitioning to medicaid eligibility. Persons must actively pursue medicaid eligibility or other third party payment. The department shall offer assistance in achieving medicaid eligibility to those persons who need assistance.

             (2) The mechanism shall include an evaluation component measuring the outcomes and cost savings resulting from state financial assistance for atypical antipsychotic medications.

             (3) Atypical antipsychotic medications purchased through the mechanism shall be competitively procured at a rate not greater than the rates paid for atypical antipsychotic medications under the department's medicaid program.

             (4) The mechanism shall include provisions for distribution to communities state-wide based upon need.

             (5) Any funds appropriated for this purpose shall not be subject to the funding formula developed pursuant to RCW 71.24.310.

             (6) The mechanism shall include performance standards deemed appropriate by the department.

             (7) The department shall pursue both state and federal funding sources for atypical antipsychotic medications.

             (8) The department is authorized to adopt rules to implement the provisions of this section.


             NEW SECTION. Sec. 20. If specific funding for the purposes of section 19 of this act, referencing section 19 of this act by section and bill or chapter number, is not provided by June 30, 1999, in the omnibus appropriations act, section 19 of this act is null and void."


             On page 1, line 2 of the title, after "Relating to" strike the remainder of the title and insert "services to pregnant or mentally ill persons using pharmaceuticals; amending RCW 13.34.030, 13.34.070, 74.09.310, 18.71.950, 18.57.920, 18.79.903, and 71.24.310; reenacting and amending RCW 13.34.130; adding new sections to chapter 13.34 RCW; adding a new section to chapter 71.24 RCW; creating new sections; and repealing RCW 18.57.930, 18.71.960, 18.79.904, 70.96A.330, and 70.96A.340."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House refused to concur in the Senate Amendment(s) to Second Substitute House Bill No. 1574 and asked the Senate to recede therefrom.


SENATE AMENDMENTS TO HOUSE BILL

April 22, 1999

Mr. Speaker:


             The Senate receded from the Ways & Means Committee amendment(s) adopted on 4/8/99. Under suspension of rules, the Senate returned SECOND SUBSTITUTE HOUSE BILL NO. 1681 to Second Reading for purpose of amendment(s). The Senate adopted Amendment #470 by Senator Swecker, and passed the bill as amended,


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The legislature finds that it is beneficial to improve opportunities for trout fishing in order to satisfy the public's demand for recreational fishing during a time of declining opportunities to catch anadromous salmon and steelhead trout.

             Fish farmers can produce trout in a triploid genetic configuration for the purpose of certifying that the fish are sterile and that they cannot interbreed with wild trout. These fish are ideally suited to planting into public lakes and ponds to provide immediate recreational fishing at a reasonable cost. The fish continue to grow throughout their life cycle and have the potential to grow to trophy size.

             Planting of these catchable trout can provide increased angler participation, increased fishing license sales, increased tourism activities, and a boost to local economies.

             The department of fish and wildlife is authorized to purchase these privately produced fish to supplement existing department trout hatchery production. The planting of these catchable trout in water bodies with water quality sufficient to support fish life must not have an adverse impact on the wild trout population.


             NEW SECTION. Sec. 2. The fish and wildlife commission in consultation with the department is authorized to determine which waters of the state are appropriate for this use during the 1999 and 2000 calendar years. In making this determination, the commission shall seek geographic distribution to assure opportunity to fishers state-wide.

             The commission in consultation with the department will determine the maximum number of fish that may be planted into state waters so as not to compete with the wild populations of fish species in the water body.


             NEW SECTION. Sec. 3. The fish and wildlife commission may authorize purchase of privately produced fish for the purposes of sections 1 and 2 of this act only if the cost of the program will be recovered by the estimated increase in revenue from license sales and federal funds directly attributable to the planting of these privately purchased fish.


             NEW SECTION. Sec. 4. The department of fish and wildlife shall report to the appropriate legislative committees by February 1, 2001, regarding the implementation of this act. The report shall include information regarding the location and number of fish planted, the size of the fish planted, and information relating to the cost-effectiveness of the catchable trout program, including an estimate of new license revenues generated by the programs.


             NEW SECTION. Sec. 5. Sections 1 through 3 of this act are each added to Title 77 RCW.


             NEW SECTION. Sec. 6. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."


             On page 1, line 2 of the title, after "waters;" strike the remainder of the title and insert "adding new sections to Title 77 RCW; creating a new section; and declaring an emergency."


and the same is herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House concurred in the Senate amendment(s) to Second Substitute House Bill No. 1681 and advanced the bill as amended by the Senate to final passage.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Second Substitute House Bill No. 1681 as amended by the Senate.


             Representatives Buck and Regala spoke in favor of passage of the bill as amended by the Senate.


             Representative Dunshee spoke against the passage of the bill as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of Second Substitute House Bill No. 1681, as amended by the Senate and the bill passed the House by the following vote: Yeas - 91, Nays - 5, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. G. Chandler Chandler, Clements, Cody, Constantine, Conway, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Radcliff, Reardon, Regala, Rockefeller, Ruderman, Santos, Schindler, D. K. Schmidt Schmidt, Schoesler, Schual-Berke, Skinner, D. H. Sommers Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 91.

             Voting nay: Representatives Cooper, Dunshee, Edmonds, Edwards and Romero - 5.

             Excused: Representatives Quall and Scott - 2.


             Second Substitute House Bill No. 1681, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL

April 23, 1999

Mr. Speaker:


             The Senate has passed Substitute House Bill No. 1747 with the following amendment(s):


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 89.08.020 and 1973 1st ex.s. c 184 s 3 are each amended to read as follows:

             Unless the context clearly indicates otherwise, as used in this chapter:

             "Commission" and "state conservation commission" means the agency created hereunder. All former references to "state soil and water conservation committee", "state committee" or "committee" shall be deemed to be references to the "state conservation commission";

             "District", or "conservation district" means a governmental subdivision of this state and a public body corporate and politic, organized in accordance with the provisions of ((this 1973 amendatory act)) chapter 184, Laws of 1973 1st ex. sess., for the purposes, with the powers, and subject to the restrictions set forth in this chapter. All districts created under ((this 1973 amendatory act)) chapter 184, Laws of 1973 1st ex. sess. shall be known as conservation districts and shall have all the powers and duties set out in ((this 1973 amendatory act)) chapter 184, Laws of 1973 1st ex. sess.. All references in ((this 1973 amendatory act)) chapter 184, Laws of 1973 1st ex. sess. to "districts", or "soil and water conservation districts" shall be deemed to be reference to "conservation districts";

             "Board" and "supervisors" mean the board of supervisors of a conservation district;

             "Land occupier" or "occupier of land" includes any person, firm, political subdivision, government agency, municipality, public or private corporation, copartnership, association, or any other entity whatsoever which holds title to, or is in possession of, any lands lying within a district organized under the provisions of ((this 1973 amendatory act)) chapter 184, Laws of 1973 1st ex. sess., whether as owner, lessee, renter, tenant, or otherwise;

             "District elector" or "voter" means a ((qualified county elector occupying land)) registered voter in the county where the district is located who resides within the district boundary or in the area affected by a petition;

             "Due notice" means a notice published at least twice, with at least six days between publications, in a publication of general circulation within the affected area, or if there is no such publication, by posting at a reasonable number of public places within the area, where it is customary to post notices concerning county and municipal affairs. Any hearing held pursuant to due notice may be postponed from time to time without a new notice;

             "Renewable natural resources", "natural resources" or "resources" includes land, air, water, vegetation, fish, wildlife, wild rivers, wilderness, natural beauty, scenery and open space;

             "Conservation" includes conservation, development, improvement, maintenance, preservation, protection and use, and alleviation of floodwater and sediment damages, and the disposal of excess surface waters.

             "Farm and agricultural land" means either (a) land in any contiguous ownership of twenty or more acres devoted primarily to agricultural uses; (b) any parcel of land five acres or more but less than twenty acres devoted primarily to agricultural uses, which has produced a gross income from agricultural uses equivalent to one hundred dollars or more per acre per year for three of the five calendar years preceding the date of application for classification under this chapter; or (c) any parcel of land of less than five acres devoted primarily to agricultural uses which has produced a gross income of one thousand dollars or more per year for three of the five calendar years preceding the date of application for classification under this chapter. Agricultural lands shall also include farm woodlots of less than twenty and more than five acres and the land on which appurtenances necessary to production, preparation or sale of the agricultural products exist in conjunction with the lands producing such products. Agricultural lands shall also include any parcel of land of one to five acres, which is not contiguous, but which otherwise constitutes an integral part of farming operations being conducted on land qualifying under this section as "farm and agricultural lands".


             Sec. 2. RCW 89.08.080 and 1973 1st ex.s. c 184 s 9 are each amended to read as follows:

             To form a conservation district, ((twenty-five or more persons occupying land)) twenty percent of the voters within the area to be affected may file a petition with the commission asking that the area be organized into a district.

             The petition shall give the name of the proposed district, state that it is needed in the interest of the public health, safety, and welfare, give a general description of the area proposed to be organized and request that the commission determine that it be created, and that it define the boundaries thereof and call an election on the question of creating the district.

             If more than one petition is filed covering parts of the same area, the commission may consolidate all or any of them.


             Sec. 3. RCW 89.08.110 and 1973 1st ex.s. c 184 s 12 are each amended to read as follows:

             If the commission finds that the district is needed, it shall then determine whether it is practicable. To assist the commission in determining this question, it shall, within a reasonable time, submit the proposition to a vote of the ((land occupiers)) district electors in the proposed district.

             The commission shall fix the date of the election, designate the polling places, fix the hours for opening and closing the polls, and appoint the election officials. The election shall be conducted, the vote counted and returns canvassed and the results published by the commission.


             Sec. 4. RCW 89.08.130 and 1973 1st ex.s. c 184 s 14 are each amended to read as follows:

             The commission shall give due notice of the election, which shall state generally the purpose of the election, the date thereof, the place and hours of voting, and set forth the boundaries of the proposed district.

             Only qualified district electors within the proposed district as determined by the commission may vote at the election. Each voter shall vote in the polling place nearest ((his)) the voter's residence. ((If he resides outside the district, he shall vote at the nearest polling place of the district.))


             Sec. 5. RCW 89.08.150 and 1973 1st ex.s. c 184 s 16 are each amended to read as follows:

             If a majority of the votes cast at the election are against the creation of the district, the commission shall deny the petition. If a majority favor the district, the commission shall determine the practicability of the project.

             In making such determination, the commission shall consider the attitude of the ((land occupiers)) voters of the district; the number of eligible voters who voted at the election; the size of the majority vote; the wealth and income of the land occupiers; the probable expense of carrying out the project; and any other economic factors relevant thereto.

             If the commission finds that the project is impracticable it shall enter an order to that effect and deny the petition. When the petition has been denied, no new petition covering the same or substantially the same area may be filed within six months therefrom.


             Sec. 6. RCW 89.08.180 and 1973 1st ex.s. c 184 s 19 are each amended to read as follows:

             Territory may be added to an existing district upon filing a petition as in the case of formation with the commission by ((occupiers of the lands)) twenty percent of the voters of the affected area to be included. The same procedure shall be followed as for the creation of the district.

             As an alternate procedure, the commission may upon the petition of a majority of the ((land occupiers)) voters in any one or more districts or in unorganized territory adjoining a conservation district change the boundaries of a district, or districts, if such action will promote the practical and feasible administration of such district or districts.

             Upon petition of the boards of supervisors of two or more districts, the commission may approve the combining of all or parts of such districts and name the district, or districts, with the approval of the name by the secretary of state. A public hearing and/or a referendum may be held if deemed necessary or desirable by the commission in order to determine the wishes of ((land occupiers)) the voters.

             When districts are combined, the joint boards of supervisors will first select a chairman, secretary and other necessary officers and select a regular date for meetings. All elected supervisors will continue to serve as members of the board until the expiration of their current term of office, and/or until the election date nearest their expiration date. All appointed supervisors will continue to serve until the expiration of their current term of office, at which time the commission will make the necessary appointments. In the event that more than two districts are combined, a similar procedure will be set up and administered by the commission.

             When districts are combined or territory is moved from one district to another, the property, records and accounts of the districts involved shall be distributed to the remaining district or districts as approved by the commission. A new certificate of organization, naming and describing the new district or districts, shall be issued by the secretary of state.


             NEW SECTION. Sec. 7. A new section is added to chapter 89.08 RCW to read as follows:

             The local governing body of any city or incorporated town within an existing district may approve by majority vote a petition to withdraw from the district. The petition shall be submitted to the district for its approval. If approved by the district, the petition shall be sent to the commission. The commission shall approve the petition and forward it to the secretary of state and the boundary of the district shall be adjusted accordingly. If the petition is not approved by the district, the district shall adopt a resolution specifying the reasons why the petition is not approved. The petition and the district's resolution shall be sent to the commission for its review. The commission shall approve or reject the petition based upon criteria it has adopted for the evaluation of petitions in dispute. If the commission approves the petition, it shall forward the petition to the secretary of state and the boundaries of the district shall be adjusted accordingly. The criteria used by the commission to evaluate petitions which are in dispute shall be adopted as rules by the commission under chapter 34.05 RCW, the administrative procedure act.


             Sec. 8. RCW 89.08.220 and 1973 1st ex.s. c 184 s 23 are each amended to read as follows:

             A conservation district organized under the provisions of this 1973 amendatory act shall constitute a governmental subdivision of this state, and a public body corporate and politic exercising public powers, but shall not levy taxes or issue bonds and such district, and the supervisors thereof, shall have the following powers, in addition to others granted in other sections of this 1973 amendatory act:

             (1) To conduct surveys, investigations, and research relating to the conservation of renewable natural resources and the preventive and control measures and works of improvement needed, to publish the results of such surveys, investigations, or research, and to disseminate information concerning such preventive and control measures and works of improvement: PROVIDED, That in order to avoid duplication of research activities, no district shall initiate any research program except in cooperation with the government of this state or any of its agencies, or with the United States or any of its agencies;

             (2) To conduct educational and demonstrational projects on any lands within the district upon obtaining the consent of the occupier of such lands and such necessary rights or interests in such lands as may be required in order to demonstrate by example the means, methods, measures, and works of improvement by which the conservation of renewable natural resources may be carried out;

             (3) To carry out preventative and control measures and works of improvement for the conservation of renewable natural resources, within the district including, but not limited to, engineering operations, methods of cultivation, the growing of vegetation, changes in use of lands, and the measures listed in RCW 89.08.010, on any lands within the district upon obtaining the consent of the occupier of such lands and such necessary rights or interests in such lands as may be required;

             (4) To cooperate or enter into agreements with, and within the limits of appropriations duly made available to it by law, to furnish financial or other aid to any agency, governmental or otherwise, or any occupier of lands within the district in the carrying on of preventive and control measures and works of improvement for the conservation of renewable natural resources within the district, subject to such conditions as the supervisors may deem necessary to advance the purposes of this 1973 amendatory act. For purposes of this subsection only, land occupiers who are also district supervisors are not subject to the provisions of RCW 42.23.030;

             (5) To obtain options upon and to acquire in any manner, except by condemnation, by purchase, exchange, lease, gift, bequest, devise, or otherwise, any property, real or personal, or rights or interests therein; to maintain, administer, and improve any properties acquired, to receive income from such properties and to expend such income in carrying out the purposes and provisions of this 1973 amendatory act; and to sell, lease, or otherwise dispose of any of its property or interests therein in furtherance of the purposes and the provisions of this act;

             (6) To make available, on such terms, as it shall prescribe, to land occupiers within the district, agricultural and engineering machinery and equipment, fertilizer, seeds, seedlings, and such other equipment and material as will assist them to carry on operations upon their lands for the conservation of renewable natural resources;

             (7) To prepare and keep current a comprehensive long-range program recommending the conservation of all the renewable natural resources of the district. Such programs shall be directed toward the best use of renewable natural resources and in a manner that will best meet the needs of the district and the state, taking into consideration, where appropriate, such uses as farming, grazing, timber supply, forest, parks, outdoor recreation, potable water supplies for urban and rural areas, water for agriculture, minimal flow, and industrial uses, watershed stabilization, control of soil erosion, retardation of water run-off, flood prevention and control, reservoirs and other water storage, restriction of developments of flood plains, protection of open space and scenery, preservation of natural beauty, protection of fish and wildlife, preservation of wilderness areas and wild rivers, the prevention or reduction of sedimentation and other pollution in rivers and other waters, and such location of highways, schools, housing developments, industries, airports and other facilities and structures as will fit the needs of the state and be consistent with the best uses of the renewable natural resources of the state. The program shall include an inventory of all renewable natural resources in the district, a compilation of current resource needs, projections of future resource requirements, priorities for various resource activities, projected timetables, descriptions of available alternatives, and provisions for coordination with other resource programs.

             The district shall also prepare an annual work plan, which shall describe the action programs, services, facilities, materials, working arrangements and estimated funds needed to carry out the parts of the long-range programs that are of the highest priorities.

             The districts shall hold public hearings at appropriate times in connection with the preparation of programs and plans, shall give careful consideration to the views expressed and problems revealed in hearings, and shall keep the public informed concerning their programs, plans, and activities. Occupiers of land shall be invited to submit proposals for consideration to such hearings. The districts may supplement such hearings with meetings, referenda and other suitable means to determine the wishes of interested parties and the general public in regard to current and proposed plans and programs of a district. They shall confer with public and private agencies, individually and in groups, to give and obtain information and understanding of the impact of district operations upon agriculture, forestry, water supply and quality, flood control, particular industries, commercial concerns and other public and private interests, both rural and urban.

             Each district shall submit to the commission its proposed long-range program and annual work plans for review and comment.

             The long-range renewable natural resource program, together with the supplemental annual work plans, developed by each district under the foregoing procedures shall have official status as the authorized program of the district, and it shall be published by the districts as its "renewable resources program". Copies shall be made available by the districts to the appropriate counties, municipalities, special purpose districts and state agencies, and shall be made available in convenient places for examination by public land occupier or private interest concerned. Summaries of the program and selected material therefrom shall be distributed as widely as feasible for public information;

             (8) To administer any project or program concerned with the conservation of renewable natural resources located within its boundaries undertaken by any federal, state, or other public agency by entering into a contract or other appropriate administrative arrangement with any agency administering such project or program;

             (9) Cooperate with other districts organized under this 1973 amendatory act in the exercise of any of its powers;

             (10) To accept donations, gifts, and contributions in money, services, materials, or otherwise, from the United States or any of its agencies, from this state or any of its agencies, or from any other source, and to use or expend such moneys, services, materials, or any contributions in carrying out the purposes of this act;

             (11) To sue and be sued in the name of the district; to have a seal which shall be judicially noticed; have perpetual succession unless terminated as hereinafter provided; to make and execute contracts and other instruments, necessary or convenient to the exercise of its powers; to borrow money and to pledge, mortgage and assign the income of the district and its real or personal property therefor; and to make, amend rules and regulations not inconsistent with this 1973 amendatory act and to carry into effect its purposes;

             (12) Any two or more districts may engage in joint activities by agreement between or among them in planning, financing, constructing, operating, maintaining, and administering any program or project concerned with the conservation of renewable natural resources. The districts concerned may make available for purposes of the agreement any funds, property, personnel, equipment, or services available to them under this 1973 amendatory act;

             Any district may enter into such agreements with a district or districts in adjoining states to carry out such purposes if the law in such other states permits the districts in such states to enter into such agreements.

             The commission shall have authority to propose, guide, and facilitate the establishment and carrying out of any such agreement;

             (13) Every district shall, through public hearings, annual meetings, publications, or other means, keep the general public, agencies and occupiers of land within the district, informed of the works and activities planned and administered by the district, of the purposes these will serve, of the income and expenditures of the district, of the funds borrowed by the district and the purposes for which such funds are expended, and of the results achieved annually by the district; and

             (14) The supervisors of conservation districts may designate an area, state, and national association of conservation districts as a coordinating agency in the execution of the duties imposed by this chapter, and to make gifts in the form of dues, quotas, or otherwise to such associations for costs of services rendered, and may support and attend such meetings as may be required to promote and perfect the organization and to effect its purposes.


             Sec. 9. RCW 89.08.350 and 1973 1st ex.s. c 184 s 25 are each amended to read as follows:

             At any time after five years from the organization of a district, ((one hundred land occupiers)) twenty percent of the voters in the district may file with the commission a petition, praying that the district be dissolved. The commission may hold public hearings thereon, and within sixty days from receipt of the petition, shall give due notice of an election on the question of dissolution. It shall provide appropriate ballots, conduct the election, canvass the returns, and declare the results in the same manner as for elections to create a district.

             All district electors may vote at the election. No informality relating to the election shall invalidate it if notice is substantially given and the election is fairly conducted.


             Sec. 10. RCW 89.08.360 and 1973 1st ex.s. c 184 s 26 are each amended to read as follows:

             If a majority of the votes cast at the election are for dissolution, the district shall be dissolved. ((If two-thirds of the votes are against dissolution, the commission shall determine whether the continuance of the district is practicable. In making the determination it shall consider all the factors considered by it in determining that the district was practicable originally. If it finds that further operation of the district is impracticable it shall order it dissolved and certify its determination to the supervisors.))


             Sec. 11. RCW 89.08.370 and 1973 1st ex.s. c 184 s 27 are each amended to read as follows:

             If the district is ordered dissolved, the supervisors shall forthwith terminate the affairs of the district and dispose of all district property at public auction, and pay the proceeds therefrom to pay any debts of the district and any remaining balance to the state treasurer.

             They shall then file a verified application with the secretary of state for the dissolution of the district, accompanied by a certificate of the commission reciting the determination that further operation of the district is impracticable. The application shall recite that the property of the district has been disposed of, that the proceeds therefrom have been used to pay any debts of the district and any remaining balance paid to the treasurer, and contain a full accounting of the property and proceeds. Thereupon the secretary shall issue to the supervisors a certificate of dissolution and file a copy thereof in his or her records.


             NEW SECTION. Sec. 12. RCW 89.08.380 (Effect of dissolution--Commission substituted) and 1973 1st ex.s. c 184 s 28 & 1955 c 304 s 28 are each repealed."


             On page 1, line 2 of the title, after "liability;" strike the remainder of the title and insert "amending RCW 89.08.020, 89.08.080, 89.08.110, 89.08.130, 89.08.150, 89.08.180, 89.08.220, 89.08.350, 89.08.360, and 89.08.370; adding a new section to chapter 89.08 RCW; and repealing RCW 89.08.380."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House concurred in the Senate amendment(s) to Substitute House Bill No. 1747 and advanced the bill as amended by the Senate to final passage.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute House Bill No. 1747 as amended by the Senate.


             Representatives G. Chandler and Linville spoke in favor of passage of the bill as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 1747, as amended by the Senate and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. G. Chandler Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. K. Schmidt Schmidt, Schoesler, Schual-Berke, Skinner, D. H. Sommers Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 96.

             Excused: Representatives Quall and Scott - 2.


             Substitute House Bill No. 1747, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL

April 13, 1999

Mr. Speaker:


             The Senate has passed Engrossed House Bill No. 1749 with the following amendment(s)


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 13.40.127 and 1997 c 338 s 21 are each amended to read as follows:

             (1) A juvenile is eligible for deferred disposition unless he or she:

             (a) Is charged with a sex or violent offense;

             (b) Has a criminal history which includes any felony; or

             (c) Has a prior deferred disposition or deferred adjudication; or

             (d) Has two or more diversions; or

             (e) Has two or more gross misdemeanors or misdemeanors.

             (2) The juvenile court may, upon motion at least fourteen days before commencement of trial and, after consulting the juvenile's custodial parent or parents or guardian and with the consent of the juvenile, continue the case for disposition for a period not to exceed one year from the date the juvenile is found guilty. The court shall consider whether the offender and the community will benefit from a deferred disposition before deferring the disposition.

             (3) Any juvenile who agrees to a deferral of disposition shall:

             (a) Stipulate to the admissibility of the facts contained in the written police report;

             (b) Acknowledge that the report will be entered and used to support a finding of guilt and to impose a disposition if the juvenile fails to comply with terms of supervision; and

             (c) Waive the following rights to: (i) A speedy disposition; and (ii) call and confront witnesses.

             The adjudicatory hearing shall be limited to a reading of the court's record.

             (4) Following the stipulation, acknowledgment, waiver, and entry of a finding or plea of guilt, the court shall defer entry of an order of disposition of the juvenile.

             (5) Any juvenile granted a deferral of disposition under this section shall be placed under community supervision. The court may impose any conditions of supervision that it deems appropriate including posting a probation bond. Payment of restitution under RCW 13.40.190 shall be a condition of community supervision under this section.

             (6) A parent who signed for a probation bond has the right to notify the counselor if the juvenile fails to comply with the bond or conditions of supervision. The counselor shall notify the court and surety of any failure to comply. A surety shall notify the court of the juvenile's failure to comply with the probation bond. The state shall bear the burden to prove, by a preponderance of the evidence, that the juvenile has failed to comply with the terms of community supervision.

             (7) A juvenile's lack of compliance shall be determined by the judge upon written motion by the prosecutor or the juvenile's juvenile court community supervision counselor. If a juvenile fails to comply with terms of supervision, the court shall enter an order of disposition.

             (8) At any time following deferral of disposition the court may, following a hearing, continue the case for an additional one-year period for good cause.

             (9) At the conclusion of the period set forth in the order of deferral and upon a finding by the court of full compliance with conditions of supervision and payment of full restitution, the respondent's conviction shall be vacated and the court shall dismiss the case with prejudice.


             Sec. 2. RCW 13.40.020 and 1997 c 338 s 10 are each amended to read as follows:

             For the purposes of this chapter:

             (1) "Community-based rehabilitation" means one or more of the following: Employment; attendance of information classes; literacy classes; counseling, outpatient substance abuse treatment programs, outpatient mental health programs, anger management classes, education or outpatient treatment programs to prevent animal cruelty, or other services; or attendance at school or other educational programs appropriate for the juvenile as determined by the school district. Placement in community-based rehabilitation programs is subject to available funds;

             (2) Community-based sanctions may include one or more of the following:

             (a) A fine, not to exceed five hundred dollars;

             (b) Community service not to exceed one hundred fifty hours of service;

             (3) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender as punishment for committing an offense. Community service may be performed through public or private organizations or through work crews;

             (4) "Community supervision" means an order of disposition by the court of an adjudicated youth not committed to the department or an order granting a deferred disposition. A community supervision order for a single offense may be for a period of up to two years for a sex offense as defined by RCW 9.94A.030 and up to one year for other offenses. As a mandatory condition of any term of community supervision, the court shall order the juvenile to refrain from committing new offenses. As a mandatory condition of community supervision, the court shall order the juvenile to comply with the mandatory school attendance provisions of chapter 28A.225 RCW and to inform the school of the existence of this requirement. Community supervision is an individualized program comprised of one or more of the following:

             (a) Community-based sanctions;

             (b) Community-based rehabilitation;

             (c) Monitoring and reporting requirements;

             (d) Posting of a probation bond;

             (5) "Confinement" means physical custody by the department of social and health services in a facility operated by or pursuant to a contract with the state, or physical custody in a detention facility operated by or pursuant to a contract with any county. The county may operate or contract with vendors to operate county detention facilities. The department may operate or contract to operate detention facilities for juveniles committed to the department. Pretrial confinement or confinement of less than thirty-one days imposed as part of a disposition or modification order may be served consecutively or intermittently, in the discretion of the court;

             (6) "Court," when used without further qualification, means the juvenile court judge(s) or commissioner(s);

             (7) "Criminal history" includes all criminal complaints against the respondent for which, prior to the commission of a current offense:

             (a) The allegations were found correct by a court. If a respondent is convicted of two or more charges arising out of the same course of conduct, only the highest charge from among these shall count as an offense for the purposes of this chapter; or

             (b) The criminal complaint was diverted by a prosecutor pursuant to the provisions of this chapter on agreement of the respondent and after an advisement to the respondent that the criminal complaint would be considered as part of the respondent's criminal history. A successfully completed deferred adjudication that was entered before July 1, 1998, or a deferred disposition shall not be considered part of the respondent's criminal history;

             (8) "Department" means the department of social and health services;

             (9) "Detention facility" means a county facility, paid for by the county, for the physical confinement of a juvenile alleged to have committed an offense or an adjudicated offender subject to a disposition or modification order. "Detention facility" includes county group homes, inpatient substance abuse programs, juvenile basic training camps, and electronic monitoring;

             (10) "Diversion unit" means any probation counselor who enters into a diversion agreement with an alleged youthful offender, or any other person, community accountability board, youth court under the supervision of the juvenile court, or other entity except a law enforcement official or entity, with whom the juvenile court administrator has contracted to arrange and supervise such agreements pursuant to RCW 13.40.080, or any person, community accountability board, or other entity specially funded by the legislature to arrange and supervise diversion agreements in accordance with the requirements of this chapter. For purposes of this subsection, "community accountability board" means a board comprised of members of the local community in which the juvenile offender resides. The superior court shall appoint the members. The boards shall consist of at least three and not more than seven members. If possible, the board should include a variety of representatives from the community, such as a law enforcement officer, teacher or school administrator, high school student, parent, and business owner, and should represent the cultural diversity of the local community;

             (11) "Foster care" means temporary physical care in a foster family home or group care facility as defined in RCW 74.15.020 and licensed by the department, or other legally authorized care;

             (12) "Institution" means a juvenile facility established pursuant to chapters 72.05 and 72.16 through 72.20 RCW;

             (13) "Intensive supervision program" means a parole program that requires intensive supervision and monitoring, offers an array of individualized treatment and transitional services, and emphasizes community involvement and support in order to reduce the likelihood a juvenile offender will commit further offenses;

             (14) "Juvenile," "youth," and "child" mean any individual who is under the chronological age of eighteen years and who has not been previously transferred to adult court pursuant to RCW 13.40.110 or who is otherwise under adult court jurisdiction;

             (15) "Juvenile offender" means any juvenile who has been found by the juvenile court to have committed an offense, including a person eighteen years of age or older over whom jurisdiction has been extended under RCW 13.40.300;

             (16) "Local sanctions" means one or more of the following: (a) 0-30 days of confinement; (b) 0-12 months of community supervision; (c) 0-150 hours of community service; or (d) $0-$500 fine;

             (17) "Manifest injustice" means a disposition that would either impose an excessive penalty on the juvenile or would impose a serious, and clear danger to society in light of the purposes of this chapter;

             (18) "Monitoring and reporting requirements" means one or more of the following: Curfews; requirements to remain at home, school, work, or court-ordered treatment programs during specified hours; restrictions from leaving or entering specified geographical areas; requirements to report to the probation officer as directed and to remain under the probation officer's supervision; and other conditions or limitations as the court may require which may not include confinement;

             (19) "Offense" means an act designated a violation or a crime if committed by an adult under the law of this state, under any ordinance of any city or county of this state, under any federal law, or under the law of another state if the act occurred in that state;

             (20) "Probation bond" means a bond, posted with sufficient security by a surety justified and approved by the court, to secure the offender's appearance at required court proceedings and compliance with court-ordered community supervision or conditions of release ordered pursuant to RCW 13.40.040 or 13.40.050. It also means a deposit of cash or posting of other collateral in lieu of a bond if approved by the court;

             (21) "Respondent" means a juvenile who is alleged or proven to have committed an offense;

             (22) "Restitution" means financial reimbursement by the offender to the victim, and shall be limited to easily ascertainable damages for injury to or loss of property, actual expenses incurred for medical treatment for physical injury to persons, lost wages resulting from physical injury, and costs of the victim's counseling reasonably related to the offense if the offense is a sex offense. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses. Nothing in this chapter shall limit or replace civil remedies or defenses available to the victim or offender;

             (23) "Secretary" means the secretary of the department of social and health services. "Assistant secretary" means the assistant secretary for juvenile rehabilitation for the department;

             (24) "Services" means services which provide alternatives to incarceration for those juveniles who have pleaded or been adjudicated guilty of an offense or have signed a diversion agreement pursuant to this chapter;

             (25) "Sex offense" means an offense defined as a sex offense in RCW 9.94A.030;

             (26) "Sexual motivation" means that one of the purposes for which the respondent committed the offense was for the purpose of his or her sexual gratification;

             (27) "Surety" means an entity licensed under state insurance laws or by the state department of licensing, to write corporate, property, or probation bonds within the state, and justified and approved by the superior court of the county having jurisdiction of the case;

             (28) "Violation" means an act or omission, which if committed by an adult, must be proven beyond a reasonable doubt, and is punishable by sanctions which do not include incarceration;

             (29) "Violent offense" means a violent offense as defined in RCW 9.94A.030.

             (30) "Youth court" means a program under the supervision of the juvenile court.


             Sec. 3. RCW 13.40.080 and 1997 c 338 s 70 are each amended to read as follows:

             (1) A diversion agreement shall be a contract between a juvenile accused of an offense and a diversionary unit whereby the juvenile agrees to fulfill certain conditions in lieu of prosecution. Such agreements may be entered into only after the prosecutor, or probation counselor pursuant to this chapter, has determined that probable cause exists to believe that a crime has been committed and that the juvenile committed it. Such agreements shall be entered into as expeditiously as possible.

             (2) A diversion agreement shall be limited to one or more of the following:

             (a) Community service not to exceed one hundred fifty hours, not to be performed during school hours if the juvenile is attending school;

             (b) Restitution limited to the amount of actual loss incurred by the victim;

             (c) Attendance at up to ten hours of counseling and/or up to twenty hours of educational or informational sessions at a community agency. The educational or informational sessions may include sessions relating to respect for self, others, and authority; victim awareness; accountability; self-worth; responsibility; work ethics; good citizenship; literacy; and life skills. For purposes of this section, "community agency" may also mean a community-based nonprofit organization, if approved by the diversion unit. The state shall not be liable for costs resulting from the diversionary unit exercising the option to permit diversion agreements to mandate attendance at up to ten hours of counseling and/or up to twenty hours of educational or informational sessions;

             (d) A fine, not to exceed one hundred dollars. In determining the amount of the fine, the diversion unit shall consider only the juvenile's financial resources and whether the juvenile has the means to pay the fine. The diversion unit shall not consider the financial resources of the juvenile's parents, guardian, or custodian in determining the fine to be imposed; and

             (e) Requirements to remain during specified hours at home, school, or work, and restrictions on leaving or entering specified geographical areas.

             (3) Notwithstanding the provisions of subsection (2) of this section, youth courts are not limited to the conditions imposed by subsection (2) of this section in imposing sanctions on juveniles pursuant to section 9 of this act.

             (4) In assessing periods of community service to be performed and restitution to be paid by a juvenile who has entered into a diversion agreement, the court officer to whom this task is assigned shall consult with the juvenile's custodial parent or parents or guardian and victims who have contacted the diversionary unit and, to the extent possible, involve members of the community. Such members of the community shall meet with the juvenile and advise the court officer as to the terms of the diversion agreement and shall supervise the juvenile in carrying out its terms.

             (((4))) (5)(a) A diversion agreement may not exceed a period of six months and may include a period extending beyond the eighteenth birthday of the divertee.

             (b) If additional time is necessary for the juvenile to complete restitution to the victim, the time period limitations of this subsection may be extended by an additional six months.

             (c) If the juvenile has not paid the full amount of restitution by the end of the additional six-month period, then the juvenile shall be referred to the juvenile court for entry of an order establishing the amount of restitution still owed to the victim. In this order, the court shall also determine the terms and conditions of the restitution, including a payment plan extending up to ten years if the court determines that the juvenile does not have the means to make full restitution over a shorter period. For the purposes of this subsection (((4))) (5)(c), the juvenile shall remain under the court's jurisdiction for a maximum term of ten years after the juvenile's eighteenth birthday. Prior to the expiration of the initial ten-year period, the juvenile court may extend the judgment for restitution an additional ten years. The court may not require the juvenile to pay full or partial restitution if the juvenile reasonably satisfies the court that he or she does not have the means to make full or partial restitution and could not reasonably acquire the means to pay the restitution over a ten-year period. The county clerk shall make disbursements to victims named in the order. The restitution to victims named in the order shall be paid prior to any payment for other penalties or monetary assessments. A juvenile under obligation to pay restitution may petition the court for modification of the restitution order.

             (((5))) (6) The juvenile shall retain the right to be referred to the court at any time prior to the signing of the diversion agreement.

             (((6))) (7) Divertees and potential divertees shall be afforded due process in all contacts with a diversionary unit regardless of whether the juveniles are accepted for diversion or whether the diversion program is successfully completed. Such due process shall include, but not be limited to, the following:

             (a) A written diversion agreement shall be executed stating all conditions in clearly understandable language;

             (b) Violation of the terms of the agreement shall be the only grounds for termination;

             (c) No divertee may be terminated from a diversion program without being given a court hearing, which hearing shall be preceded by:

             (i) Written notice of alleged violations of the conditions of the diversion program; and

             (ii) Disclosure of all evidence to be offered against the divertee;

             (d) The hearing shall be conducted by the juvenile court and shall include:

             (i) Opportunity to be heard in person and to present evidence;

             (ii) The right to confront and cross-examine all adverse witnesses;

             (iii) A written statement by the court as to the evidence relied on and the reasons for termination, should that be the decision; and

             (iv) Demonstration by evidence that the divertee has substantially violated the terms of his or her diversion agreement.

             (e) The prosecutor may file an information on the offense for which the divertee was diverted:

             (i) In juvenile court if the divertee is under eighteen years of age; or

             (ii) In superior court or the appropriate court of limited jurisdiction if the divertee is eighteen years of age or older.

             (((7))) (8) The diversion unit shall, subject to available funds, be responsible for providing interpreters when juveniles need interpreters to effectively communicate during diversion unit hearings or negotiations.

             (((8))) (9) The diversion unit shall be responsible for advising a divertee of his or her rights as provided in this chapter.

             (((9))) (10) The diversion unit may refer a juvenile to community-based counseling or treatment programs.

             (((10))) (11) The right to counsel shall inure prior to the initial interview for purposes of advising the juvenile as to whether he or she desires to participate in the diversion process or to appear in the juvenile court. The juvenile may be represented by counsel at any critical stage of the diversion process, including intake interviews and termination hearings. The juvenile shall be fully advised at the intake of his or her right to an attorney and of the relevant services an attorney can provide. For the purpose of this section, intake interviews mean all interviews regarding the diversion agreement process.

             The juvenile shall be advised that a diversion agreement shall constitute a part of the juvenile's criminal history as defined by RCW 13.40.020(((9))) (7). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the diversionary unit together with the diversion agreement, and a copy of both documents shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language.

             (((11))) (12) When a juvenile enters into a diversion agreement, the juvenile court may receive only the following information for dispositional purposes:

             (a) The fact that a charge or charges were made;

             (b) The fact that a diversion agreement was entered into;

             (c) The juvenile's obligations under such agreement;

             (d) Whether the alleged offender performed his or her obligations under such agreement; and

             (e) The facts of the alleged offense.

             (((12))) (13) A diversionary unit may refuse to enter into a diversion agreement with a juvenile. When a diversionary unit refuses to enter a diversion agreement with a juvenile, it shall immediately refer such juvenile to the court for action and shall forward to the court the criminal complaint and a detailed statement of its reasons for refusing to enter into a diversion agreement. The diversionary unit shall also immediately refer the case to the prosecuting attorney for action if such juvenile violates the terms of the diversion agreement.

             (((13))) (14) A diversionary unit may, in instances where it determines that the act or omission of an act for which a juvenile has been referred to it involved no victim, or where it determines that the juvenile referred to it has no prior criminal history and is alleged to have committed an illegal act involving no threat of or instance of actual physical harm and involving not more than fifty dollars in property loss or damage and that there is no loss outstanding to the person or firm suffering such damage or loss, counsel and release or release such a juvenile without entering into a diversion agreement. A diversion unit's authority to counsel and release a juvenile under this subsection shall include the authority to refer the juvenile to community-based counseling or treatment programs. Any juvenile released under this subsection shall be advised that the act or omission of any act for which he or she had been referred shall constitute a part of the juvenile's criminal history as defined by RCW 13.40.020(((9))) (7). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the unit, and a copy of the document shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language. A juvenile determined to be eligible by a diversionary unit for release as provided in this subsection shall retain the same right to counsel and right to have his or her case referred to the court for formal action as any other juvenile referred to the unit.

             (((14))) (15) A diversion unit may supervise the fulfillment of a diversion agreement entered into before the juvenile's eighteenth birthday and which includes a period extending beyond the divertee's eighteenth birthday.

             (((15))) (16) If a fine required by a diversion agreement cannot reasonably be paid due to a change of circumstance, the diversion agreement may be modified at the request of the divertee and with the concurrence of the diversion unit to convert an unpaid fine into community service. The modification of the diversion agreement shall be in writing and signed by the divertee and the diversion unit. The number of hours of community service in lieu of a monetary penalty shall be converted at the rate of the prevailing state minimum wage per hour.

             (((16))) (17) Fines imposed under this section shall be collected and paid into the county general fund in accordance with procedures established by the juvenile court administrator under RCW 13.04.040 and may be used only for juvenile services. In the expenditure of funds for juvenile services, there shall be a maintenance of effort whereby counties exhaust existing resources before using amounts collected under this section.


             NEW SECTION. Sec. 4. A new section is added to chapter 13.40 RCW to read as follows:

             Youth courts provide a diversion for cases involving juvenile offenders, in which participants, under the supervision of an adult coordinator, may serve in various capacities within the program, acting in the role of jurors, lawyers, bailiffs, clerks, and judges. Youths who appear before youth courts are youths eligible for diversion pursuant to RCW 13.40.070 (6) and (7). Youth courts have no jurisdiction except as provided for in this act. Youth courts are diversion units and not courts established under Article IV of the state Constitution.


             NEW SECTION. Sec. 5. A new section is added to chapter 13.40 RCW to read as follows:

             (1) The office of the administrator for the courts shall encourage the juvenile courts to work with cities and counties to implement, expand, or use youth court programs for juveniles who commit diversion-eligible offenses, civil, or traffic infractions. Program operations of youth court programs may be funded by government and private grants. Youth court programs are limited to those that:

             (a) Are developed using the guidelines for creating and operating teen court programs developed by the American probation and parole association teen courts project;

             (b) Target offenders age eight through seventeen; and

             (c) Emphasize the following principles:

             (i) Youth must be held accountable for their problem behavior;

             (ii) Youth must be educated about the impact their actions have on themselves and others including their victims, their families, and their community;

             (iii) Youth must develop skills to resolve problems with their peers more effectively; and

             (iv) Youth should be provided a meaningful forum to practice and enhance newly developed skills.

             (2) Youth court programs may be established by law enforcement entities, municipal courts, district courts, juvenile probation departments, private nonprofit organizations, and schools, under the supervision of juvenile court.


             NEW SECTION. Sec. 6. A new section is added to chapter 13.40 RCW to read as follows:

             (1) Youth courts have authority over juveniles ages eight through seventeen who:

             (a) Along with their parent, guardian, or legal custodian, voluntarily and in writing request youth court involvement;

             (b) Admit they have committed the offense they are referred for;

             (c) Along with their parent, guardian, or legal custodian, waive any privilege against self-incrimination concerning the offense; and

             (d) Along with their parent, guardian, or legal custodian, agree to comply with the youth court disposition of the case.

             (2) Youth courts shall not exercise authority over youth who are under the continuing jurisdiction of the juvenile court for law violations, including a youth with a matter pending before the juvenile court but which has not yet been adjudicated.

             (3) Youth courts may decline to accept a youth for youth court disposition for any reason and may terminate a youth from youth court participation at any time.

             (4) A youth or his or her parent, guardian, or legal custodian may withdraw from the youth court process at any time.

             (5) Youth courts shall give any victims of a juvenile the opportunity to be notified, present, and heard in any youth court proceeding.


             NEW SECTION. Sec. 7. A new section is added to chapter 13.40 RCW to read as follows:

             Youth court may not notify the juvenile court of satisfaction of conditions until all ordered restitution has been paid.


             NEW SECTION. Sec. 8. A new section is added to chapter 13.40 RCW to read as follows:

             Every youth appearing before a youth court shall be accompanied by his or her parent, guardian, or legal custodian.


             NEW SECTION. Sec. 9. A new section is added to chapter 13.40 RCW to read as follows:

             (1) Youth court dispositional options include those delineated in RCW 13.40.080, and may also include:

             (a) Participating in law-related education classes, appropriate counseling, treatment, or other education programs;

             (b) Providing periodic reports to the youth court;

             (c) Participating in mentoring programs;

             (d) Serving as a participant in future youth court proceedings;

             (e) Writing apology letters; or

             (f) Writing essays.

             (2) Youth courts shall not impose a term of confinement or detention. Youth courts may require that the youth pay reasonable fees to participate in youth court and in classes, counseling, treatment, or other educational programs that are the disposition of the youth court.

             (3) A youth court disposition shall be completed within one hundred eighty days from the date of referral.

             (4) Pursuant to RCW 13.40.080(1), a youth court disposition shall be reduced to writing and signed by the youth and his or her parent, guardian, or legal custodian accepting the disposition terms.

             (5) Youth court shall notify the juvenile court upon successful or unsuccessful completion of the disposition.

             (6) Youth court shall notify the prosecutor or probation counselor of a failure to successfully complete the youth court disposition.


             NEW SECTION. Sec. 10. A new section is added to chapter 13.40 RCW to read as follows:

             A youth court may require that a youth pay a nonrefundable fee, not exceeding thirty dollars, to cover the costs of administering the program. The fee may be reduced or waived for a participant. Fees shall be paid to and accounted for by the youth court.


             NEW SECTION. Sec. 11. A new section is added to chapter 28A.320 RCW to read as follows:

             Local school boards may provide for school credit for participation as a member of a youth court as defined in RCW 13.40.020.


             Sec. 12. RCW 13.40.250 and 1997 c 338 s 36 are each amended to read as follows:

             A traffic or civil infraction case involving a juvenile under the age of sixteen may be diverted in accordance with the provisions of this chapter or filed in juvenile court.

             (1) If a notice of a traffic or civil infraction is filed in juvenile court, the juvenile named in the notice shall be afforded the same due process afforded to adult defendants in traffic infraction cases.

             (2) A monetary penalty imposed upon a juvenile under the age of sixteen who is found to have committed a traffic or civil infraction may not exceed one hundred dollars. At the juvenile's request, the court may order performance of a number of hours of community service in lieu of a monetary penalty, at the rate of the prevailing state minimum wage per hour.

             (3) A diversion agreement entered into by a juvenile referred pursuant to this section shall be limited to thirty hours of community service, or educational or informational sessions.

             (4) Traffic or civil infractions referred to a youth court pursuant to this section are subject to the conditions imposed by section 9 of this act.

             (5) If a case involving the commission of a traffic or civil infraction or offense by a juvenile under the age of sixteen has been referred to a diversion unit, an abstract of the action taken by the diversion unit may be forwarded to the department of licensing in the manner provided for in RCW 46.20.270(2).


             Sec. 13. RCW 46.63.040 and 1984 c 258 s 137 are each amended to read as follows:

             (1) All violations of state law, local law, ordinance, regulation, or resolution designated as traffic infractions in RCW 46.63.020 may be heard and determined by a district court, except as otherwise provided in this section.

             (2) Any municipal court has the authority to hear and determine traffic infractions pursuant to this chapter.

             (3) Any city or town with a municipal court may contract with the county to have traffic infractions committed within the city or town adjudicated by a district court.

             (4) District court commissioners have the authority to hear and determine traffic infractions pursuant to this chapter.

             (5) Any district or municipal court may, with the consent of the juvenile court, refer juveniles age sixteen or seventeen to a youth court, as defined in RCW 13.40.020, for traffic infractions.

             (6) The boards of regents of the state universities, and the boards of trustees of the regional universities and of The Evergreen State College have the authority to hear and determine traffic infractions under RCW 28B.10.560."


             On page 1, line 1 of the title, after "disposition;" strike the remainder of the title and insert "amending RCW 13.40.127, 13.40.020, 13.40.080, 13.40.250, and 46.63.040; adding new sections to chapter 13.40 RCW; and adding a new section to chapter 28A.320 RCW."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House refused to concur in the Senate Amendment(s) to Engrossed House Bill No. 1749 and asked the Senate to recede therefrom.


SENATE AMENDMENTS TO HOUSE BILL

April 14, 1999

Mr. Speaker:


             The Senate has passed Substitute House Bill No. 1774 with the following amendment(s)


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 46.20.391 and 1998 c 209 s 4 and 1998 c 207 s 9 are each reenacted and amended to read as follows:

             (1) Any person licensed under this chapter who is convicted of an offense relating to motor vehicles for which suspension or revocation of the driver's license is mandatory, other than vehicular homicide or vehicular assault, or who has had his or her license suspended under RCW 46.20.3101 (2)(a) or (3)(a), may submit to the department an application for an occupational driver's license. The department, upon receipt of the prescribed fee and upon determining that the petitioner is engaged in an occupation or trade that makes it essential that the petitioner operate a motor vehicle, may issue an occupational driver's license and may set definite restrictions as provided in RCW 46.20.394. No person may petition for, and the department shall not issue, an occupational driver's license that is effective during the first thirty days of any suspension or revocation imposed for a violation of RCW 46.61.502 or 46.61.504 or pursuant to RCW 46.20.3101 (2)(a) or (3)(a). A person aggrieved by the decision of the department on the application for an occupational driver's license may request a hearing as provided by rule of the department.

             (2)(a) A person licensed under this chapter whose driver's license is suspended administratively due to failure to appear or pay a traffic ticket under RCW 46.20.289; a violation of the financial responsibility laws under chapter 46.29 RCW; or for multiple violations within a specified period of time under RCW 46.20.291, may apply to the department for an occupational driver's license if the applicant demonstrates to the satisfaction of the department that one of the following additional conditions are met:

             (i) The applicant is in an apprenticeship program or an on-the-job training program for which a driver's license is required;

             (ii) The applicant presents evidence that he or she has applied for a position in an apprenticeship or on-the-job training program and the program has certified that a driver's license is required to begin the program, provided that a license granted under this provision shall be in effect no longer than fourteen days;

             (iii) The applicant is in a program that assists persons who are enrolled in a WorkFirst program pursuant to chapter 74.08A RCW to become gainfully employed and the program requires a driver's license; or

             (iv) The applicant is undergoing substance abuse treatment or is participating in meetings of a twelve-step group such as alcoholics anonymous.

             (b) If the suspension is for failure to respond, pay, or comply with a notice of traffic infraction or conviction, the applicant must enter into a payment plan with the court.

             (c) An occupational driver's license issued to an applicant described in (a) of this subsection shall be valid for the period of the suspension or revocation but not more than two years.

             (d) Upon receipt of evidence that a holder of an occupational driver's license granted under this subsection is no longer enrolled in an apprenticeship or on-the-job training program, the director shall give written notice by first class mail to the driver that the occupational driver's license shall be canceled. The effective date of cancellation shall be fifteen days from the date of mailing the notice. If at any time before the cancellation goes into effect the driver submits evidence of continued enrollment in the program, the cancellation shall be stayed. If the cancellation becomes effective, the driver may obtain, at no additional charge, a new occupational driver's license upon submittal of evidence of enrollment in another program that meets the criteria set forth in this subsection.

             (3) An applicant for an occupational driver's license is eligible to receive such license only if:

             (a) Within one year immediately preceding the date of the offense that gave rise to the present conviction, the applicant has not committed any offense relating to motor vehicles for which suspension or revocation of a driver's license is mandatory; and

             (b) Within seven years immediately preceding the date of the offense that gave rise to the present conviction or incident, the applicant has not committed any of the following offenses: (i) Driving or being in actual physical control of a motor vehicle while under the influence of intoxicating liquor; (ii) vehicular homicide under RCW 46.61.520; or (iii) vehicular assault under RCW 46.61.522; and

             (c) The applicant is engaged in an occupation or trade that makes it essential that he or she operate a motor vehicle, except as allowed under subsection (2)(a) of this section; and

             (d) The applicant files satisfactory proof of financial responsibility pursuant to chapter 46.29 RCW.

             (((3))) (4) The director shall cancel an occupational driver's license upon receipt of notice that the holder thereof has been convicted of operating a motor vehicle in violation of its restrictions, or of an offense that pursuant to chapter 46.20 RCW would warrant suspension or revocation of a regular driver's license. The cancellation is effective as of the date of the conviction, and continues with the same force and effect as any suspension or revocation under this title.


             Sec. 2. RCW 46.20.394 and 1983 c 165 s 26 are each amended to read as follows:

             In issuing an occupational driver's license under RCW 46.20.391, the department shall describe the type of occupation permitted and shall set forth in detail the specific hours of the day during which the person may drive to and from his place of work, which may not exceed twelve hours in any one day; the days of the week during which the license may be used; and the general routes over which the person may travel. In issuing an occupational driver's license under RCW 46.20.391(2)(a)(iii), the department shall set forth in detail the specific hours during which the person may drive to and from substance abuse treatment or meetings of a twelve-step group such as alcoholics anonymous, the days of the week during which the license may be used, and the general routes over which the person may travel. These restrictions shall be prepared in written form by the department, which document shall be carried in the vehicle at all times and presented to a law enforcement officer under the same terms as the occupational driver's license. Any violation of the restrictions constitutes a violation of RCW 46.20.342 and subjects the person to all procedures and penalties therefor.


             NEW SECTION. Sec. 3. This act takes effect January 1, 2000."


             On page 1, line 1 of the title, after "licenses;" strike the remainder of the title and insert "amending RCW 46.20.394; reenacting and amending RCW 46.20.391; and providing an effective date."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House refused to concur in the Senate Amendment(s) to Substitute House Bill No. 1774 and asked the Senate to recede therefrom.


SENATE AMENDMENTS TO HOUSE BILL

April 23, 1999

Mr. Speaker:


             The Senate receded from the Committee on Ways and Means amendment to HOUSE BILL NO. 1833 adopted on April 13, 1999. Under suspension of rules, the Senate returned the bill to Second Reading for purpose of amendment(s). The Senate adopted Amendment # 474 by Senator Bauer, and passed the bill as amended,


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 28A.335.170 and 1990 c 33 s 360 are each amended to read as follows:

             The board of directors of any school district may enter into contracts for their respective districts ((for periods not exceeding five years in duration)) with public and private persons, organizations, and entities for the following purposes:

             (1) To rent or lease building space((,)) and portable buildings((, security systems, computers and other equipment)) for periods not exceeding ten years in duration;

             (2) To rent security systems, computers, and other equipment or to have maintained and repaired security systems, computers, and other equipment for periods not exceeding five years in duration; and

             (3) To provide pupil transportation services for periods not exceeding five years in duration.

             No school district may enter into a contract for pupil transportation unless it has notified the superintendent of public instruction that, in the best judgment of the district, the cost of contracting will not exceed the projected cost of operating its own pupil transportation.

             The budget of each school district shall identify that portion of each contractual liability incurred pursuant to this section extending beyond the fiscal year by amount, duration, and nature of the contracted service and/or item in accordance with rules and regulations of the superintendent of public instruction adopted pursuant to RCW 28A.505.140 and 28A.310.330.

             The provisions of this section shall not have any effect on the length of contracts for school district employees specified by RCW 28A.400.300 and 28A.405.210.


             NEW SECTION. Sec. 2. A new section is added to chapter 28A.525 RCW to read as follows:

             The board of directors of any school district may use the proceeds of voter-approved bonds, voter-approved levies, state allocations for financial assistance, or other funds available to the district for: (1) Payment of an installment purchase contract for school plant facilities; or (2) payments under any financing lease the term of which is ten years or longer and that contains an option by the school district to purchase the leased property for nominal consideration. The authority granted by this section for the use of moneys from such sources is in addition to, and not in limitation of, any other authority provided by law, and the proceeds of voter-approved bonds or tax levies may be used for such payments to the full extent allowed by Article VII, section 2 of the state Constitution.


             Sec. 3. RCW 28A.530.010 and 1991 c 114 s 3 are each amended to read as follows:

             The board of directors of any school district may borrow money and issue negotiable bonds therefor for the purpose of:

             (1) Funding outstanding indebtedness or bonds theretofore issued; or

             (2) For the purchase of sites for all buildings, playgrounds, physical education and athletic facilities and structures authorized by law or necessary or proper to carry out the functions of a school district; or

             (3) For erecting all buildings authorized by law, including but not limited to those mentioned in subsection (2) of this section immediately above or necessary or proper to carry out the functions of a school district, and providing the necessary furniture, apparatus, or equipment therefor; or

             (4) For improving the energy efficiency of school district buildings and/or installing systems and components to utilize renewable and/or inexhaustible energy resources; or

             (5) For major and minor structural changes and structural additions to buildings, structures, facilities and sites necessary or proper to carrying out the functions of the school district; or

             (6) For payment of (a) an installment purchase contract for school plant facilities or (b) a financing lease the term of which is ten years or longer and that contains an option by the school district to purchase the leased property for nominal consideration, but only to the extent such payment constitutes a capital expenditure; or

             (7) For any or all of these and other capital purposes.

             Neither the amount of money borrowed nor bonds issued therefor shall exceed the limitation of indebtedness prescribed by chapter 39.36 RCW, as now or hereafter amended.

             Except for bonds issued under RCW 28A.530.080, bonds may be issued only when authorized by the vote of the qualified electors of the district as provided by law.

             The bonds shall be issued and sold in accordance with chapter 39.46 RCW."


             On page 1, line 1 of the title, after "schools;" strike the remainder of the title and insert "amending RCW 28A.335.170 and 28A.530.010; and adding a new section to chapter 28A.525 RCW."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House concurred in the Senate amendment(s) to House Bill No. 1833 and advanced the bill as amended by the Senate to final passage.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of House Bill No. 1833 as amended by the Senate.


             Representatives Thomas and Dunshee spoke in favor of passage of the bill as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 1833, as amended by the Senate and the bill passed the House by the following vote: Yeas - 95, Nays - 1, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. G. Chandler Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. K. Schmidt Schmidt, Schoesler, Schual-Berke, Skinner, D. H. Sommers Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 95.

             Voting nay: Representative Hankins - 1.

             Excused: Representatives Quall and Scott - 2.


             House Bill No. 1833, as amended by the Senate, having received the constitutional majority, was declared passed.


             There being no objection, the House deferred action on Engrossed Second Substitute House Bill No. 1893, and the bill held its place on the concurrence calendar.


SENATE AMENDMENTS TO HOUSE BILL

April 23, 1999

Mr. Speaker:


             The Senate has passed Substitute House Bill No. 2005 with the following amendment(s):


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 42.40.020 and 1995 c 403 s 509 are each amended to read as follows:

             As used in this chapter, the terms defined in this section shall have the meanings indicated unless the context clearly requires otherwise.

             (1) "Auditor" means the office of the state auditor.

             (2) "Employee" means any individual employed or holding office in any department or agency of state government.

             (3) "Good faith" means a reasonable basis in fact for the communication. "Good faith" is lacking when the employee knows or reasonably ought to know that the report is malicious, false, or frivolous.

             (4) "Gross waste of funds" means to spend or use funds or to allow funds to be used without valuable result in a manner grossly deviating from the standard of care or competence that a reasonable person would observe in the same situation.

             (5)(a) "Improper governmental action" means any action by an employee((:

             (i) Which is)) undertaken in the performance of the employee's official duties((, whether or not the action is within the scope of the employee's employment; and)):

             (((ii))) (i) Which is ((in violation of any state law or rule, is an abuse of authority,)) gross waste of public funds or resources as defined in this section;

             (ii) Which is in violation of federal or state law or rule, if the violation is not merely technical or of a minimum nature; or

             (iii) Which is of substantial and specific danger to the public health or safety((, or is a gross waste of public funds)).

             (b) "Improper governmental action" does not include personnel actions, for which other remedies exist, including but not limited to employee grievances, complaints, appointments, promotions, transfers, assignments, reassignments, reinstatements, restorations, reemployments, performance evaluations, reductions in pay, dismissals, suspensions, demotions, violations of the state civil service law, alleged labor agreement violations, reprimands, claims of discriminatory treatment, or any action which may be taken under chapter 41.06 RCW, or other disciplinary action except as provided in RCW 42.40.030.

             (((4))) (6) "Substantial and specific danger" means a risk of serious injury, illness, peril, or loss, to which the exposure of the public is a gross deviation from the standard of care or competence which a reasonable person would observe in the same situation.

             (7) "Use of official authority or influence" includes taking, directing others to take, recommending, processing, or approving any personnel action such as an appointment, promotion, transfer, assignment, reassignment, reinstatement, restoration, reemployment, performance evaluation, or any adverse action under chapter 41.06 RCW, or other disciplinary action.

             (((5))) (8) "Whistleblower" means an employee who in good faith reports alleged improper governmental action to the auditor, initiating an investigation under RCW 42.40.040. For purposes of the provisions of this chapter and chapter 49.60 RCW relating to reprisals and retaliatory action, the term "whistleblower" also means: (a) An employee who in good faith provides information to the auditor in connection with an investigation under RCW 42.40.040 and an employee who is believed to have reported ((alleged)) asserted improper governmental action to the auditor or to have provided information to the auditor in connection with an investigation under RCW 42.40.040 but who, in fact, has not reported such action or provided such information; or (b) an employee who in good faith identifies rules warranting review or provides information to the rules review committee, and an employee who is believed to have identified rules warranting review or provided information to the rules review committee but who, in fact, has not done so.


             NEW SECTION. Sec. 2. An employee must make a reasonable attempt to ascertain the correctness of the information furnished and may be subject to disciplinary actions, including, but not limited to, suspension or termination, for knowingly furnishing false information as determined by the employee's appointing authority.


             Sec. 3. RCW 42.40.040 and 1992 c 118 s 2 are each amended to read as follows:

             (1)(a) In order to be investigated, an assertion of improper governmental action must be provided to the auditor within one year after the occurrence of the asserted improper governmental action.

             (b) The auditor has the authority to determine whether to investigate any assertions received. In determining whether to conduct either a preliminary or further investigation, the auditor shall consider factors including, but not limited to: The nature and quality of evidence and the existence of relevant laws and rules; whether the action was isolated or systematic; the history of previous assertions regarding the same subject or subjects or subject matter; whether other avenues are available for addressing the matter; whether the matter has already been investigated or is in litigation; the seriousness or significance of the asserted improper governmental action; and the cost and benefit of the investigation. The auditor has the sole discretion to determine the priority and weight given to these and other relevant factors and to decide whether a matter is to be investigated. The auditor shall document the factors considered and the analysis applied.

             (c) The auditor also has the authority to investigate assertions of improper governmental actions as part of an audit conducted under chapter 43.09 RCW. The auditor shall document the reasons for handling the matter as part of such an audit.

             (2) Subject to subsection (5)(c) of this section, the identity of a whistleblower is confidential at all times unless the whistleblower consents to disclosure by written waiver or by acknowledging his or her identity in a claim against the state for retaliation.

             (3) Upon receiving specific information that an employee has engaged in improper governmental action, the auditor shall, within five working days of receipt of the information, mail written acknowledgement to the whistleblower at the address provided stating whether a preliminary investigation will be conducted. For a period not to exceed thirty working days from receipt of the assertion, the auditor shall conduct such preliminary investigation of the matter as the auditor deems appropriate. ((In conducting the investigation, the identity of the whistleblower shall be kept confidential.

             (2))) (4) In addition to the authority under subsection (((1))) (3) of this section, the auditor may, on its own initiative, investigate incidents of improper state governmental action.

             (((3))) (5)(a) If it appears to the auditor, upon completion of the preliminary investigation, that the matter is so unsubstantiated that no further investigation, prosecution, or administrative action is warranted, the auditor shall so notify the whistleblower.

             (b) The written notification shall ((be by memorandum containing)) contain a summary of the information received((, a summary)) and of the results of the preliminary investigation with regard to each ((allegation)) assertion of improper governmental action((, and any determination made by the auditor under (c) of this subsection)).

             (c) In any case to which this section applies, the identity of the whistleblower shall be kept confidential unless the auditor determines that the information has been provided other than in good faith.

             (d) ((If it appears to the auditor that the matter does not meet the definition of an "improper governmental action" under RCW 42.40.020(3), or is other than a gross waste of public funds, the auditor may forward a summary of the allegations to the appropriate agency for investigation and require a response by memorandum no later than thirty days after the allegations are received from the auditor. The response shall contain a summary of the investigation with regard to each allegation and any determination of corrective action taken. The auditor will keep the identity of the whistleblower confidential. Upon receipt of the results of the investigation from the appropriate agency, the auditor will notify the whistleblower as prescribed under (a), (b), and (c) of this subsection)) With the agency's consent, the auditor may forward the assertions to an appropriate agency to investigate and report back to the auditor no later than sixty working days after the assertions are received from the auditor. The auditor is entitled to all investigative records resulting from such a referral. All procedural and confidentiality provisions of this chapter apply to investigations conducted under this subsection. The auditor shall document the reasons the assertions were referred.

             (((4))) (6) During the preliminary investigation, the auditor shall provide written notification of the nature of the assertions to the subject or subjects of the investigation and the agency head. The notification shall include the relevant facts and laws known at the time and the procedure for the subject or subjects of the investigation and the agency head to respond to the assertions and information obtained during the investigation. This notification does not limit the auditor from considering additional facts or laws which become known during further investigation.

             (7)(a) If it appears to the auditor after completion of the preliminary investigation that further investigation, prosecution, or administrative action is warranted, the auditor shall so notify the whistleblower, the subject or subjects of the investigation, and the agency head and either conduct a further investigation((s)) or issue a report under subsection (((6))) (10) of this section.

             (b) If the preliminary investigation resulted from an anonymous assertion, a decision to conduct further investigation shall be subject to review by a three-person panel convened as necessary by the auditor prior to the commencement of any additional investigation. The panel shall include a state auditor representative knowledgeable of the subject agency operations, a citizen volunteer, and a representative of the attorney general's office. This group shall be briefed on the preliminary investigation and shall recommend whether the auditor should proceed with further investigation.

             (c) If further investigation is to occur, the auditor shall provide written notification of the nature of the assertions to the subject or subjects of the investigation and the agency head. The notification shall include the relevant facts known at the time and the procedure to be used by the subject or subjects of the investigation and the agency head to respond to the assertions and information obtained during the investigation.

             (8) Within sixty working days after the ((thirty-day)) preliminary investigation period in subsection (((1))) (3) of this section, the auditor shall complete the investigation and report its findings to the whistleblower unless written justification for the delay is furnished to the whistleblower, agency head, and subject or subjects of the investigation. In all such cases, the report of the auditor's investigation and findings shall be sent to the whistleblower within one year after the information was filed under subsection (((1))) (3) of this section.

             (((5))) (9)(a) At any stage of an investigation under this section the auditor may require by subpoena the attendance and testimony of witnesses and the production of documentary or other evidence relating to the investigation at any designated place in the state. The auditor may issue subpoenas, administer oaths, examine witnesses, and receive evidence. In the case of contumacy or failure to obey a subpoena, the superior court for the county in which the person to whom the subpoena is addressed resides or is served may issue an order requiring the person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt thereof.

             (b) The auditor may order the taking of depositions at any stage of a proceeding or investigation under this chapter. Depositions shall be taken before an individual designated by the auditor and having the power to administer oaths. Testimony shall be reduced to writing by or under the direction of the individual taking the deposition and shall be subscribed by the deponent.

             (((6))) (c) Agencies shall cooperate fully in the investigation and shall take appropriate action to preclude the destruction of any evidence during the course of the investigation.

             (d) During the investigation the auditor shall interview each subject of the investigation. If it is determined there is reasonable cause to believe improper governmental action has occurred, the subject or subjects and the agency head shall be given fifteen working days to respond to the assertions prior to the issuance of the final report.

             (10)(a) If the auditor determines ((that)) there is reasonable cause to believe ((that)) an employee has engaged in ((any)) improper ((activity)) governmental action, the auditor shall report the nature and details of the activity to:

             (i) The ((employee)) subject or subjects of the investigation and the head of the employing agency; and

             (ii) If appropriate, the attorney general or such other authority as the auditor determines appropriate.

             (b) The auditor has no enforcement power except that in any case in which the auditor submits ((a)) an investigative report ((of alleged improper activity)) containing reasonable cause determinations to the ((head of an)) agency, the ((attorney general, or any other individual to which a report has been made under this section, the individual shall report to the auditor with respect to any action taken by the individual regarding the activity, the first report being transmitted no later than thirty days after the date of the auditor's report and monthly thereafter until final action is taken)) agency shall send its plan for resolution to the auditor within fifteen working days of having received the report. The agency is encouraged to consult with the subject or subjects of the investigation in establishing the resolution plan. The auditor may require periodic reports of agency action until all resolution has occurred. If the auditor determines that appropriate action ((is)) has not ((being)) been taken ((within a reasonable time)), the auditor shall report the determination to the governor and to the legislature and may include this determination in the agency audit under chapter 43.09 RCW.

             (((7))) (11) Once the auditor concludes that appropriate action has been taken to resolve the matter, the auditor shall so notify the whistleblower, the agency head, and the subject or subjects of the investigation. If the resolution takes more than one year, the auditor shall provide annual notification of its status to the whistleblower, agency head, and subject or subjects of the investigation.

             (12) This section does not limit any authority conferred upon the attorney general or any other agency of government to investigate any matter.


             NEW SECTION. Sec. 4. The auditor has the authority to contract for any assistance necessary to carry out the provisions of this chapter.


             NEW SECTION. Sec. 5. The cost of administering this chapter is funded through the auditing services revolving account created in RCW 43.09.410.


             NEW SECTION. Sec. 6. A whistleblower wishing to provide information under this chapter regarding asserted improper governmental action against the state auditor or an employee of that office shall provide the information to the attorney general who shall act in place of the auditor in investigating and reporting the matter.


             NEW SECTION. Sec. 7. Chapter . . ., Laws of 1999 (this act) does not affect the jurisdiction of the legislative ethics board, the executive ethics board, or the commission on judicial conduct, as set forth in chapter 42.52 RCW. The senate, the house of representatives, and the supreme court shall adopt policies regarding the applicability of chapter 42.40 RCW to the senate, house of representatives, and judicial branch.


             NEW SECTION. Sec. 8. The office of financial management shall contract for a performance audit of the state employee whistleblower program on a cycle to be determined by the office of financial management. The audit shall be done in accordance with generally accepted government auditing standards beginning with the fiscal year ending June 30, 2001. The audit shall determine at a minimum: Whether the program is acquiring, protecting, and using its resources such as personnel, property, and space economically and efficiently; the causes of inefficiencies or uneconomical practices; and whether the program has complied with laws and rules on matters of economy and efficiency. The audit shall also at a minimum determine the extent to which the desired results or benefits established by the legislature are being achieved, the effectiveness of the program, and whether the auditor has complied with significant laws and rules applicable to the program.

             The cost of the audit is a cost of operating the program and shall be funded by the auditing services revolving account created by RCW 43.09.410.


             Sec. 9. RCW 43.09.410 and 1995 c 301 s 25 are each amended to read as follows:

             An auditing services revolving account is hereby created in the state treasury for the purpose of a centralized funding, accounting, and distribution of the actual costs of the audits provided to state agencies by the state auditor and audits of the state employee whistleblower program under section 8 of this act.


             NEW SECTION. Sec. 10. Sections 2 and 4 through 8 of this act are each added to chapter 42.40 RCW."


             On page 1, line 1 of the title, after "whistleblowers;" strike the remainder of the title and insert "amending RCW 42.40.020, 42.40.040, and 43.09.410; and adding new sections to chapter 42.40 RCW."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House concurred in the Senate amendment(s) to Substitute House Bill No. 2005 and advanced the bill as amended by the Senate to final passage.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute House Bill No. 2005 as amended by the Senate.


             Representatives Wolfe and D. Sommers spoke in favor of passage of the bill as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 2005, as amended by the Senate and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. G. Chandler Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. K. Schmidt Schmidt, Schoesler, Schual-Berke, Skinner, D. H. Sommers Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 96.

             Excused: Representatives Quall and Scott - 2.


             Substitute House Bill No. 2005, as amended by the Senate, having received the constitutional majority, was declared passed.


             There being no objection, the House deferred action on Engrossed Substitute House Bill No. 2079, and the bill held its place on the concurrence calendar.


SENATE AMENDMENTS TO HOUSE BILL

April 23, 1999

Mr. Speaker:


             The Senate has passed House Bill No. 2259 with the following amendment(s):


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 46.20.120 and 1999 c 6 s 19 are each amended to read as follows:

             An applicant for a new or renewed driver's license must successfully pass a driver licensing examination to qualify for a driver's license. The department shall give examinations at places and times reasonably available to the people of this state.

             (1) Waiver. The department may waive:

             (a) All or any part of the examination of any person applying for the renewal of a driver's license unless the department determines that the applicant is not qualified to hold a driver's license under this title; or

             (b) The actual demonstration of the ability to operate a motor vehicle if the applicant:

             (i) Surrenders a valid driver's license issued by the person's previous home state; and

             (ii) Is otherwise qualified to be licensed.

             (2) Fee. Each applicant for a new license must pay an examination fee of seven dollars.

             (a) The examination fee is in addition to the fee charged for issuance of the license.

             (b) "New license" means a license issued to a driver:

             (i) Who has not been previously licensed in this state; or

             (ii) Whose last previous Washington license has been expired for more than ((four)) five years.


             Sec. 2. RCW 46.20.161 and 1999 c 6 s 22 are each amended to read as follows:

             The department, upon receipt of a fee of ((fourteen)) twenty-five dollars, unless the driver's license is issued for a period other than five years, in which case the fee shall be five dollars for each year that the license is issued, which includes the fee for the required photograph, shall issue to every qualifying applicant a driver's license. The license must include a distinguishing number assigned to the licensee, the name of record, date of birth, Washington residence address, photograph, a brief description of the licensee, and either a facsimile of the signature of the licensee or a space upon which the licensee shall write his or her usual signature with pen and ink immediately upon receipt of the license. No license is valid until it has been so signed by the licensee.


             Sec. 3. RCW 46.20.181 and 1999 c 6 s 23 are each amended to read as follows:

             (1) Except as provided in subsection (4) of this section, every driver's license expires on the ((fourth)) fifth anniversary of the licensee's birthdate following the issuance of the license.

             (2) A person may renew his or her license on or before the expiration date by submitting an application as prescribed by the department and paying a fee of ((fourteen)) twenty-five dollars. This fee includes the fee for the required photograph.

             (3) A person renewing his or her driver's license more than sixty days after the license has expired shall pay a penalty fee of ten dollars in addition to the renewal fee, unless his or her license expired when:

             (a) The person was outside the state and he or she renews the license within sixty days after returning to this state; or

             (b) The person was incapacitated and he or she renews the license within sixty days after the termination of the incapacity.

             (4) During the period from July 1, 2000, to July 1, 2006, the department may issue or renew a driver's license for a period other than five years, or may extend by mail a license that has already been issued, in order to evenly distribute, as nearly as possible, the yearly renewal rate of licensed drivers. The fee for a driver's license issued or renewed for a period other than five years, or that has been extended by mail, is five dollars for each year that the license is issued, renewed, or extended. The department may adopt any rules as are necessary to carry out this subsection.


             Sec. 4. RCW 46.20.470 and 1989 c 178 s 21 are each amended to read as follows:

             There shall be an additional fee for issuing any class of commercial driver's license in addition to the prescribed fee required for the issuance of the original driver's license. The additional fee for each class shall not exceed ((twelve)) twenty dollars for the original commercial driver's license or subsequent renewals, unless the commercial driver's license is renewed or extended for a period other than five years, in which case the fee for each class shall not exceed four dollars for each year that the commercial driver's license is renewed or extended. The fee shall be deposited in the highway safety fund.


             Sec. 5. RCW 46.20.505 and 1993 c 115 s 1 are each amended to read as follows:

             Every person applying for a special endorsement or a new category of endorsement of a driver's license authorizing such person to drive a motorcycle or a motor-driven cycle shall pay an examination fee of two dollars which is not refundable. In addition, the endorsement fee for the initial or new category motorcycle endorsement shall ((be six)) not exceed ten dollars, and the subsequent renewal endorsement fee shall ((be fourteen)) not exceed twenty-five dollars, unless the endorsement is renewed or extended for a period other than five years, in which case the subsequent renewal endorsement fee shall not exceed five dollars for each year that the endorsement is renewed or extended. The initial or new category and renewal endorsement fees shall be deposited in the motorcycle safety education account of the highway safety fund.


             NEW SECTION. Sec. 6. Sections 1 through 5 of this act take effect July 1, 2000."


             In line 1 of the title, after "licenses;" strike the remainder of the title and insert "amending RCW 46.20.120, 46.20.161, 46.20.181, 46.20.470, and 46.20.505; and providing an effective date."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House concurred in the Senate amendment(s) to House Bill No. 2259 and advanced the bill as amended by the Senate to final passage.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of House Bill No. 2259 as amended by the Senate.


             Representative Fisher spoke in favor of passage of the bill as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 2259, as amended by the Senate and the bill passed the House by the following vote: Yeas - 91, Nays - 5, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, B. G. Chandler Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, D. K. Schmidt Schmidt, Schoesler, Schual-Berke, Skinner, D. H. Sommers Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 91.

             Voting nay: Representatives Benson, Carrell, Crouse, McDonald and Schindler - 5.

             Excused: Representatives Quall and Scott - 2.


             House Bill No. 2259, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL

April 23, 1999

Mr. Speaker:


             The Senate has passed Engrossed Substitute House Bill No. 2260 with the following amendment(s):


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The legislature finds that while Washington's economy is currently prospering, economic growth continues to be uneven, particularly as between metropolitan and rural areas. This has created in effect two Washingtons: One afflicted by inadequate infrastructure to support and attract investment, another suffering from congestion and soaring housing prices. In order to address these problems, the legislature intends to use resources strategically to build on our state's strengths while addressing threats to our prosperity.


PART I

LOCAL OPTION SALES AND USE TAX


             Sec. 101. RCW 82.14.370 and 1998 c 55 s 6 are each amended to read as follows:

             (1) The legislative authority of a ((distressed)) rural county may impose a sales and use tax in accordance with the terms of this chapter. The tax is in addition to other taxes authorized by law and shall be collected from those persons who are taxable by the state under chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within the county. The rate of tax shall not exceed ((0.04)) 0.08 percent of the selling price in the case of a sales tax or value of the article used in the case of a use tax, except that for rural counties with population densities between sixty and one hundred persons per square mile, the rate shall not exceed 0.04 percent before January 1, 2000.

             (2) The tax imposed under subsection (1) of this section shall be deducted from the amount of tax otherwise required to be collected or paid over to the department of revenue under chapter 82.08 or 82.12 RCW. The department of revenue shall perform the collection of such taxes on behalf of the county at no cost to the county.

             (3) Moneys collected under this section shall only be used for the purpose of financing public facilities in rural counties. The public facility must be listed as an item in the officially adopted county overall economic development plan, or the economic development section of the county's comprehensive plan, or the comprehensive plan of a city or town located within the county for those counties planning under RCW 36.70A.040. For those counties that do not have an adopted overall economic development plan and do not plan under the growth management act, the public facility must be listed in the county's capital facilities plan or the capital facilities plan of a city or town located within the county. In implementing this section, the county shall consult with cities, towns, and port districts located within the county. For the purposes of this section, "public facilities" means bridges, roads, domestic and industrial water facilities, sanitary sewer facilities, earth stabilization, storm sewer facilities, railroad, electricity, natural gas, buildings, structures, telecommunications infrastructure, transportation infrastructure, or commercial infrastructure, and port facilities in the state of Washington.

             (4) No tax may be collected under this section before July 1, 1998. No tax may be collected under this section by a county more than twenty-five years after the date that a tax is first imposed under this section.

             (5) For purposes of this section, "((distressed)) rural county" means a county ((in which the average level of unemployment for the three years before the year in which a tax is first imposed under this section exceeds the average state unemployment for those years by twenty percent)) with a population density of less than one hundred persons per square mile as determined by the office of financial management and published each year by the department for the period July 1st to June 30th.


PART II

DISTRESSED COUNTY ASSISTANCE ACCOUNT


             Sec. 201. RCW 82.14.380 and 1998 c 321 s 10 (Referendum Bill No. 49) are each amended to read as follows:

             (1) The distressed county assistance account is created in the state treasury. Into this account shall be placed a portion of all motor vehicle excise tax receipts as provided in RCW 82.44.110. At such times as distributions are made under RCW 82.44.150, the state treasurer shall distribute the funds in the distressed county assistance account to each county imposing the sales and use tax authorized under RCW 82.14.370 as of January 1, 1999, in the same proportions as distributions of the tax imposed under RCW 82.14.370 for these counties for the previous quarter.

             (2) Funds distributed from the distressed county assistance account shall be expended by the counties for criminal justice and other purposes.


PART III

TECHNOLOGY-BASED BUSINESSES

Software


             NEW SECTION. Sec. 301. It is the intent of the legislature to attract and retain technology-based businesses in rural counties. Section 302 of this act provides a tax incentive to those businesses that develop or manufacture software and hardware in rural counties. Section 303 of this act provides a tax incentive to those businesses that are engaged in the business of providing technical support services from rural counties. Encouragement of these types of business will stimulate the information technology industry and be of benefit to the state economy in general. To further the impact and benefit of this program, this incentive is limited to those counties of the state that are characterized by unemployment or low income. The legislature finds that providing this targeted incentive will both increase its effectiveness and create a high technology work force in rural counties.


             NEW SECTION. Sec. 302. A new section is added to chapter 82.04 RCW to read as follows:

             (1) Subject to the limits and provisions of this section, a credit is authorized against the tax otherwise due under this chapter for persons engaged in a rural county in the business of manufacturing software or programming, as those terms are defined in this section.

             (2) A person who partially or totally relocates a business from one rural county to another rural county is eligible for any qualifying new jobs created as a result of the relocation but is not eligible to receive credit for the jobs moved from one county to the other.

             (3)(a) To qualify for the credit, the qualifying activity of the person must be conducted in a rural county and the qualified employment position must be located in the rural county.

             (b) If an activity is conducted both from a rural county and outside of a rural county, the credit is available if at least ninety percent of the qualifying activity takes place within a rural county. If the qualifying activity is a service taxable activity, the place where the work is performed is the place at which the activity is conducted.

             (4)(a) The credit under this section shall equal one thousand dollars for each qualified employment position created after July 1, 1999, in an eligible area. A credit is earned for the calendar year the person is hired to fill the position. Additionally a credit is earned for each year the position is maintained over the subsequent consecutive years, up to four years. The county must meet the definition of a rural county at the time the position is filled. If the county does not have a rural county status the following year or years, the position is still eligible for the remaining years if all other conditions are met.

             (b) Credit may not be taken for hiring of persons into positions that exist before July 1, 1999. Credit is authorized for new employees hired for new positions created on or after July 1, 1999. New positions filled by existing employees are eligible for the credit under this section only if the position vacated by the existing employee is filled by a new hire. A business that is a sole proprietorship without any employees is equivalent to one employee position and this type of business is eligible to receive credit for one position.

             (c) If a position is filled before July 1st, this position is eligible for the full yearly credit. If it is filled after June 30th, this position is eligible for half of the credit.

             (d) A person that has engaged in qualifying activities in the rural county before the effective date of this section qualifies for the credit under this section for positions created and filled after the effective date of this section.

             (5) No application is necessary for the tax credit. The person must keep records necessary for the department to verify eligibility under this section. This information includes information relating to description of qualifying activity engaged in the rural county and outside the rural county by the person as well as detailed records on positions and employees. The department shall, in consultation with a representative group of affected taxpayers, develop a method of segregating activity and related income so that those persons who engage in multiple activities can determine eligibility for credit under this section.

             (6) If at any time the department finds that a person is not eligible for tax credit under this section, the amount of taxes for which a credit has been claimed shall be immediately due. The department shall assess interest, but not penalties, on the taxes for which the person is not eligible. The interest shall be assessed at the rate provided for delinquent excise taxes under chapter 82.32 RCW, shall be assessed retroactively to the date the tax credit was taken, and shall accrue until the taxes for which a credit has been used are repaid.

             (7) The credit under this section may be used against any tax due under this chapter, but in no case may a credit earned during one calendar year be carried over to be credited against taxes incurred in a subsequent calendar year. A person is not eligible to receive a credit under this section if the person is receiving credit for the same position under chapter 82.62 RCW or RCW 82.04.44525 or is taking the credit under section 303 of this act. No refunds may be granted for credits under this section.

             (8) A person taking tax credits under this section shall make an annual report to the department. The report shall be in a letter form and shall include the following information: Number of positions for which credit is being claimed, type of position for which credit is being claimed, type of activity in which the person is engaged in the county, and how long the person has been located in the county. The report must be filed by January 30th of each year for which credit was claimed during the previous year.

             (9) Transfer of ownership does not affect credit eligibility; however, the credit is available to the successor for remaining periods in the five years only if the eligibility conditions of this section are met.

             (10) As used in this section:

             (a) "Manufacturing" means the same as "to manufacture" under RCW 82.04.120. Manufacturing includes the activities of both manufacturers and processors for hire.

             (b) "Programming" means the activities that involve the creation or modification of software, as that term is defined in this chapter, and that are taxable as a service under RCW 82.04.290(2) or as a retail sale under RCW 82.04.050.

             (c) "Qualifying activity" means manufacturing of software or programming.

             (d) "Qualified employment position" means a permanent full-time position doing programming of software or manufacturing of software. This excludes administrative, professional, service, executive, and other similar positions. If an employee is either voluntarily or involuntarily separated from employment, the employment position is considered filled on a full-time basis if the employer is either training or actively recruiting a replacement employee. Full-time means a position for at least thirty-five hours a week.

             (e) "Rural county" means a county with a population density of less than one hundred persons per square mile as determined by the office of financial management and published each year by the department for the period July 1st to June 30th.

             (f) "Software" has the same meaning as defined in RCW 82.04.215.

             (11) No credit may be taken or accrued under this section on or after January 1, 2004.

             (12) This section expires December 31, 2003.


Help Desk Services


             NEW SECTION. Sec. 303. A new section is added to chapter 82.04 RCW to read as follows:

             (1) Subject to the limits and provisions of this section, a credit is authorized against the tax otherwise due under this chapter for persons engaged in a rural county in the business of providing information technology help desk services to third parties.

             (2) To qualify for the credit, the help desk services must be conducted from a rural county.

             (3) The amount of the tax credit for persons engaged in the activity of providing information technology help desk services in rural counties shall be equal to one hundred percent of the amount of tax due under this chapter that is attributable to providing the services from the rural county. In order to qualify for the credit under this subsection, the county must meet the definition of rural county at the time the person begins to conduct qualifying business in the county.

             (4) No application is necessary for the tax credit. The person must keep records necessary for the department to verify eligibility under this section. These records include information relating to description of activity engaged in a rural county by the person.

             (5) If at any time the department finds that a person is not eligible for tax credit under this section, the amount of taxes for which a credit has been used is immediately due. The department shall assess interest, but not penalties, on the credited taxes for which the person is not eligible. The interest shall be assessed at the rate provided for delinquent excise taxes under chapter 82.32 RCW, shall be assessed retroactively to the date the tax credit was taken, and shall accrue until the taxes for which a credit has been used are repaid.

             (6) The credit under this section may be used against any tax due under this chapter, but in no case may a credit earned during one calendar year be carried over to be credited against taxes incurred in a subsequent calendar year. No refunds may be granted for credits under this section.

             (7) A person taking tax credits under this section shall make an annual report to the department. The report shall be in a letter form and shall include the following information: Type of activity in which the person is engaged in the county, number of employees in the rural county, and how long the person has been located in the county. The report must be filed by January 30th of each year for which credit was claimed during the previous year.

             (8) Transfer of ownership does not affect credit eligibility; however, the credit is available to the successor only if the eligibility conditions of this section are met.

             (9) As used in this section:

             (a) "Information technology help desk services" means the following services performed using electronic and telephonic communication:

             (i) Software and hardware maintenance;

             (ii) Software and hardware diagnostics and troubleshooting;

             (iii) Software and hardware installation;

             (iv) Software and hardware repair;

             (v) Software and hardware information and training; and

             (vi) Software and hardware upgrade.

             (b) "Rural county" means a county with a population density of less than one hundred persons per square mile, as determined by the office of financial management and published each year by the department for the period July 1st to June 30th.

             (10) This section expires December 31, 2003.


             NEW SECTION. Sec. 304. A new section is added to chapter 82.62 RCW to read as follows:

             (1) A person is not eligible to receive a credit under this chapter if the person is receiving credit for the same position under section 303 of this act or RCW 82.04.44525.

             (2) This section expires December 31, 2003.


             NEW SECTION. Sec. 305. The following acts or parts of acts are each repealed:

             (1) RCW 82.60.045 (Eligible projects--Additional requirements) and 1995 1st sp.s. c 3 s 7 & 1994 sp.s. c 1 s 4; and

             (2) RCW 82.60.047 (Governor designation of county as eligible area--Natural disaster, business closure, military base closure, mass layoff) and 1994 sp.s. c 1 s 9.


PART IV

ELECTRIC UTILITIES


             NEW SECTION. Sec. 401. The legislature finds that it is necessary to employ multiple approaches to revitalize the economy of Washington state's rural areas. The legislature also finds that where possible, Washington state should develop programs which can complement other private, state, and federal programs. It is the intent of section 402 of this act to complement such rural economic development efforts by creating a public utility tax offset program to help establish locally based electric utility revolving fund programs to be used for economic development and job creation.


             NEW SECTION. Sec. 402. A new section is added to chapter 82.16 RCW to read as follows:

             (1) The following definitions apply to this section:

             (a) "Qualifying project" means a project designed to achieve job creation or business retention, to add or upgrade nonelectrical infrastructure, to add or upgrade health and safety facilities, to accomplish energy and water use efficiency improvements, including renewable energy development, or to add or upgrade emergency services in any designated qualifying rural area.

             (b) "Qualifying rural area" means:

             (i) A rural county, which is a county with a population density of less than one hundred persons per square mile as determined by the office of financial management and published each year by the department for the period July 1st to June 30th; or

             (ii) Any geographic area in the state that receives electricity from a light and power business with twelve thousand or fewer customers and with fewer than twenty-six meters per mile of distribution line as determined and published by the department of revenue effective July 1st of each year. The department shall use current data provided by the electricity industry.

             (c) "Electric utility rural economic development revolving fund" means a fund devoted exclusively to funding qualifying projects in qualifying rural areas.

             (d) "Local board" is a board of directors with at least, but not limited to, three members representing local businesses and community groups who have been appointed by the sponsoring electric utility to oversee and direct the activities of the electric utility rural economic development revolving fund.

             (2) A light and power business with fewer than twenty-six active meters per mile of distribution line in any geographic area in the state shall be allowed a credit against taxes due under this chapter in an amount equal to fifty percent of contributions made in any calendar year directly to an electric utility rural economic development revolving fund. The credit shall be taken in a form and manner as required by the department. The credit under this section shall not exceed twenty-five thousand dollars per calendar year per light and power business. The credit may not exceed the tax that would otherwise be due under this chapter. Refunds shall not be granted in the place of credits. Expenditures not used to earn a credit in one calendar year may not be used to earn a credit in subsequent years.

             (3) The right to earn tax credits under this section expires December 31, 2005.

             (4) To qualify for the credit in subsection (2) of this section, the light and power business shall establish an electric utility rural economic development revolving fund which is governed by a local board whose members shall reside in the qualifying rural area served by the light and power business. The local board shall have authority to determine all criteria and conditions for the expenditure of funds from the electric utility rural economic development fund, and for the terms and conditions of repayment.

             (5) Any funds repaid to the electric utility rural economic development fund by recipients shall be made available for additional qualifying projects.

             (6) If at any time the electric utility rural economic development fund is dissolved, any moneys claimed as a tax credit under this section shall either be granted to a qualifying project or refunded to the state within two years of termination.

             (7) The total amount of credits that may be used in any fiscal year shall not exceed three hundred fifty thousand dollars in any fiscal year. The department shall allow the use of earned credits on a first-come, first-served basis. Unused earned credits may be carried over to subsequent years.


PART V

DISASTER VICTIMS' RELIEF


             NEW SECTION. Sec. 501. A new section is added to chapter 82.08 RCW to read as follows:

             (1) The tax levied by RCW 82.08.020 shall not apply to sales of labor and services rendered in respect to:

             (a) The moving of houses out of any landslide area that has been declared as a federal disaster area;

             (b) The demolition of houses located in a landslide area that has been declared as a federal disaster area; or

             (c) The removal of debris from a landslide area that has been declared as a federal disaster area.

             (2) This section expires July 1, 2000.


PART VI

MISCELLANEOUS


             NEW SECTION. Sec. 601. Part headings and subheadings used in this act are not any part of the law.


             NEW SECTION. Sec. 602. Section 501 of this act applies retroactively to March 1, 1998.


             NEW SECTION. Sec. 603. Section 501 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.


             NEW SECTION. Sec. 604. Sections 1, 101, 201, 301 through 305, 401, 402, 601, and 605 of this act take effect August 1, 1999.


             NEW SECTION. Sec. 605. Section 305 of this act does not affect any existing right acquired or liability or obligation under the sections repealed in section 305 of this act or any rule or order adopted under those sections, nor does it affect any proceeding instituted under those sections.


             NEW SECTION. Sec. 606. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."


             On page 1, line 1 of the title, after "counties;" strike the remainder of the title and insert "amending RCW 82.14.370 and 82.14.380; adding new sections to chapter 82.04 RCW; adding a new section to chapter 82.62 RCW; adding a new section to chapter 82.16 RCW; adding a new section to chapter 82.08 RCW; creating new sections; repealing RCW 82.60.045 and 82.60.047; providing an effective date; providing expiration dates; and declaring an emergency."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House concurred in the Senate amendment(s) to Engrossed Substitute House Bill No. 2260 and advanced the bill as amended by the Senate to final passage.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2260 as amended by the Senate.


             Representatives Eickemeyer and Alexander spoke in favor of passage of the bill as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2260, as amended by the Senate and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. G. Chandler Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. K. Schmidt Schmidt, Schoesler, Schual-Berke, Skinner, D. H. Sommers Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 96.

             Excused: Representatives Quall and Scott - 2.


             Engrossed Substitute House Bill No. 2260, as amended by the Senate, having received the constitutional majority, was declared passed.


             There being no objection, the House deferred action on Senate Bill No. 5343, and the bill held its place on the concurrence calendar.


MESSAGE FROM THE SENATE

April 23, 1999

Mr. Speaker:


             The Senate refuses to concur in the House amendment(s) to SUBSTITUTE SENATE BILL NO. 5364 and asks the House to recede therefrom, and the same is herewith transmitted.


Tony M. Cook, Secretary


             There being no objection, the House receded from its amendments to Substitute Senate Bill No. 5364, and advanced the bill to final passage.


FINAL PASSAGE OF SENATE BILL


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 5364.


MOTION


             On motion of Representative Wensman, Representative Huff was excused.


             Representatives Wood and Cairnes spoke in favor of passage of the bill.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5364, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. G. Chandler Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. K. Schmidt Schmidt, Schoesler, Schual-Berke, Skinner, D. H. Sommers Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 95.

             Excused: Representatives Huff, Quall and Scott - 3.


             Substitute Senate Bill No. 5364, having received the constitutional majority, was declared passed.


MESSAGE FROM THE SENATE

April 20, 1999

Mr. Speaker:


             The Senate refuses to concur in the House amendment(s) #166 by Representatives K. Schmidt and Fisher on page 23, after line 21, to SENATE BILL NO. 5374 and asks the House to recede therefrom. The Senate concurs in the remainder of the House amendment(s), and the same is herewith transmitted.


Tony M. Cook, Secretary


             There being no objection, the House receded from amendment #166 to Senate Bill No. 5374 and advanced the bill to final passage.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Senate Bill No. 5374.


             Representative K. Schmidt spoke in favor of passage of the bill.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 5374 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. G. Chandler Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. K. Schmidt Schmidt, Schoesler, Schual-Berke, Skinner, D. H. Sommers Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 95.

             Excused: Representatives Huff, Quall and Scott - 3.


             Senate Bill No. 5374, having received the constitutional majority, was declared passed.


             The House deferred action on Substitute Senate Bill No. 5418 and Engrossed Second Substitute Senate Bill No. 5594, and the bills held their places on the concurrence calendar.


MESSAGE FROM THE SENATE

April 23, 1999

Mr. Speaker:


             The Senate refuses to concur in the House amendment(s) to SUBSTITUTE SENATE BILL NO. 5640 and asks the House to recede therefrom, and the same is herewith transmitted.


Tony M. Cook, Secretary


             There being no objection, the rules were suspended and Substitute Senate Bill No. 5640 was returned to second reading for the purpose of an amendment.


             There being no objection, amendment 247 was withdrawn.


             Representative D. Schmidt moved the adoption of amendment (250):


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The legislature finds that:

             (1) The current statute relating to the timing of the primary election may not allow adequate time for absentee voters, especially military personnel living overseas, to review the candidates and issues appearing on the general election ballot before casting their votes;

             (2) The proliferation of permanent absentee voters presents increasing difficulties for county auditors to canvass ballots in a timely way, which in turn may adversely affect the general election campaign of a candidate involved in a close primary race; and

             (3) A delay in counting votes and processing ballots negatively impacts the public's right to timely election results and thus harms our electoral process.

             Therefore, the mission of the task force established by section 2 of this act includes, but is not limited to, a review of issues relating to the timing of the primary election, the canvassing of ballots, and the certification of election results. The task force shall consider alternates to the current statutes that relate to these issues, and shall provide recommendations accordingly.


             NEW SECTION. Sec. 2. A task force to study and make recommendations regarding the date for primary elections is established. The task force membership consists of the following thirteen members:

             (1) Three citizen members from across the state, appointed jointly by the secretary of state, the president of the senate, and the co-speakers of the house of representatives;

             (2) Two members of the senate, one from each of the largest two caucuses, appointed by the president of the senate, and two members of the house of representatives, one from each of the largest two caucuses, appointed by the co-speakers of the house of representatives;

             (3) The secretary of state or the secretary's designee;

             (4) Three county elections officials designated by the Washington Association of County Officials; and

             (5) A representative of each major political party in the state, appointed by the chair of the state central committee for the party.


             NEW SECTION. Sec. 3. The task force shall report its recommendations to the governor, the secretary of state, and the appropriate standing committees of the senate and house of representatives no later than December 1, 1999. The task force terminates on December 31, 1999.


             Sec. 4. RCW 29.62.020 and 1995 c 139 s 2 are each amended to read as follows:

             (1) ((No later than the tenth day after a special election or primary and no later than the fifteenth day after a general election, the county auditor shall convene the county canvassing board to process the absentee ballots and canvass the votes cast at that primary or election.)) At least every third day after a special election, primary, or general election and before certification of the election results, except Sundays and legal holidays, the county auditor shall convene the county canvassing board or their designees to process absentee ballots and canvass the votes cast at that special election, primary, or general election, if the county auditor is in possession of more than twenty-five ballots that have yet to be canvassed. The county auditor may use his or her discretion in determining when to convene the canvassing board or their designees during the final four days before the certification of election results in order to protect the secrecy of any ballot.

             Each absentee ballot previously not canvassed that was received by the county auditor two days or more before the convening of the canvassing board or their designees and that either was received by the county auditor before the closing of the polls on the day of the special election, primary, or general election for which it was issued, or that bears a date of mailing on or before the special election, primary, or general election for which it was issued, must be processed at that time. The tabulation of votes that results from that day's canvass must be made available to the general public immediately upon completion of the canvass.

             (2) On the tenth day after a special election or a primary and on the fifteenth day after a general election, the canvassing board shall complete the canvass and certify the results. Each absentee ballot that was returned before the closing of the polls on the date of the primary or election for which it was issued, and each absentee ballot with a date of mailing on or before the date of the primary or election for which it was issued and received on or before the date on which the primary or election is certified, shall be included in the canvass report.

             (((2))) (3) At the request of any caucus of the state legislature, the county auditor shall transmit copies of all unofficial returns of state and legislative primaries or elections prepared by or for the county canvassing board to either the secretary of the senate or the chief clerk of the house."


             Representative D. Schmidt spoke in favor of the adoption of the amendment.


             The amendment was adopted.


             There being no objection, the rules were suspended and Substitute Senate Bill No. 5640 was advanced to second reading and read the second time in full.


             Representative D. Schmidt spoke in favor of final passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 5640 as amended by the House.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5640, as amended by the House and the bill passed the House by the following vote: Yeas - 93, Nays - 2, Absent - 0, Excused - 3.

             Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. G. Chandler Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. K. Schmidt Schmidt, Schoesler, Schual-Berke, Skinner, D. H. Sommers Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 93.

             Voting nay: Representatives Dunn and Van Luven - 2.

             Excused: Representatives Huff, Quall and Scott - 3.

 

             Substitute Senate Bill No. 5640, as amended by the House, having received the constitutional majority, was declared passed.


MESSAGE FROM THE SENATE

April 21, 1999

Mr. Speaker:


             The Senate refuses to concur in the House amendment(s) to ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5931 and asks the House to recede therefrom, and the same is herewith transmitted.


Brad Hendrickson, Deputy Secretary


             There being no objection, the rules were suspended and Engrossed Second Substitute Senate Bill No. 5931 was returned to second reading for the purpose of an amendment.


SECOND READING


             There being no objection, amendment 248 was withdrawn.


             Representative Romero moved the adoption of amendment (251):


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. A new section is added to chapter 42.17 RCW to read as follows:

             It is the intent of the legislature to ensure that the commission provide the general public timely access to all contribution and expenditure reports submitted by candidates, continuing political committees, bona fide political parties, lobbyists, and lobbyists' employers. The legislature finds that failure to meet goals for full and timely disclosure threatens to undermine our electoral process.

             Furthermore, the legislature intends for the commission to consult with the department of information services as it seeks to implement this act, and that the commission follow the standards and procedures established by the department of information services in chapter 43.105 RCW as they relate to information technology.


             NEW SECTION. Sec. 2. A new section is added to chapter 42.17 RCW to read as follows:

             (1) The commission shall establish goals that all reports, copies of reports, or copies of the data or information included in reports, filed under RCW 42.17.040, 42.17.065, 42.17.080, 42.17.100, 42.17.105, 42.17.150, 42.17.170, 42.17.175, and 42.17.180, that are:

             (a) Submitted using the commission's electronic filing system shall be accessible in the commission's office within two business days of the commission's receipt of the report and shall be accessible on the commission's web site within seven business days of the commission's receipt of the report; and

             (b) Submitted in any format or using any method other than as described in (a) of this subsection, shall be accessible in the commission's office within four business days of the actual physical receipt of the report, and not the technical date of filing as provided under RCW 42.17.420, and shall be accessible on the commission's web site within fourteen business days of the actual physical receipt of the report, and not the technical date of filing as provided under RCW 42.17.420, as specified in rule adopted by the commission.

             (2) On January 1, 2001, or shortly thereafter, the commission shall revise these goals to reflect that all reports, copies of reports, or copies of the data or information included in reports, filed under RCW 42.17.040, 42.17.065, 42.17.080, 42.17.100, 42.17.105, 42.17.150, 42.17.170, 42.17.175, and 42.17.180, that are:

             (a) Submitted using the commission's electronic filing system shall be accessible in the commission's office and on the commission's web site within two business days of the commission's receipt of the report; and

             (b) Submitted in any format or using any method other than as described in (a) of this subsection, shall be accessible in the commission's office and on the commission's web site within four business days of the actual physical receipt of the report, and not the technical date of filing as provided under RCW 42.17.420, as specified in rule adopted by the commission.


             NEW SECTION. Sec. 3. A new section is added to chapter 42.17 RCW to read as follows:

             By July 1st of each year beginning in 2000, the commission shall calculate the following performance measures, provide a copy of the performance measures to the governor and appropriate legislative committees, and make the performance measures available to the public:

             (1) The average number of days that elapse between the commission's receipt of reports filed under RCW 42.17.040, 42.17.065, 42.17.080, and 42.17.100 and the time that the report, a copy of the report, or a copy of the data or information included in the report, is first accessible to the general public (a) in the commission's office, and (b) via the commission's web site;

             (2) The average number of days that elapse between the commission's receipt of reports filed under RCW 42.17.105 and the time that the report, a copy of the report, or a copy of the data or information included in the report, is first accessible to the general public (a) in the commission's office, and (b) via the commission's web site;

             (3) The average number of days that elapse between the commission's receipt of reports filed under RCW 42.17.150, 42.17.170, 42.17.175, and 42.17.180 and the time that the report, a copy of the report, or a copy of the data or information included in the report, is first accessible to the general public (a) in the commission's office, and (b) via the commission's web site;

             (4) The percentage of candidates, categorized as state-wide, state legislative, or local, that have used each of the following methods to file reports under RCW 42.17.080 or 42.17.105: (a) Hard copy paper format; (b) electronic format via diskette; (c) electronic format via modem or satellite; (d) electronic format via the Internet; and (e) any other format or method;

             (5) The percentage of continuing political committees that have used each of the following methods to file reports under RCW 42.17.065 or 42.17.105: (a) Hard copy paper format; (b) electronic format via diskette; (c) electronic format via modem or satellite; (d) electronic format via the Internet; and (e) any other format or method; and

             (6) The percentage of lobbyists and lobbyists' employers that have used each of the following methods to file reports under RCW 42.17.150, 42.17.170, 42.17.175, or 42.17.180: (a) Hard copy paper format; (b) electronic format via diskette; (c) electronic format via modem or satellite; (d) electronic format via the Internet; and (e) any other format or method.


             NEW SECTION. Sec. 4. A new section is added to chapter 42.17 RCW to read as follows:

             (1) The commission shall develop an information technology plan consistent with plans or portfolios required by chapter 43.105 RCW.

             (2) The plan must include, but not be limited to, the following:

             (a) A baseline assessment of the agency's information technology resources and capabilities that will serve as the benchmark for subsequent planning and performance measures;

             (b) A statement of the agency's mission, goals, and objectives for information technology, including goals and objectives for achieving electronic access to agency records, information, and services for at least the next five years;

             (c) An explanation of how the agency's mission, goals, and objectives for information technology support and conform to the state strategic information technology plan;

             (d) An implementation strategy to enhance electronic access to public records and information required to be filed with and disclosed by the commission. This implementation strategy must be assembled to include:

             (i) Adequate public notice and opportunity for comment;

             (ii) Consideration of a variety of electronic technologies, including those that help to transcend geographic locations, standard business hours, economic conditions of users, and disabilities;

             (iii) Methods to educate agency employees, the public, and the news media in the effective use of agency technology;

             (iv) Ways to simplify and improve public access to information held by the commission through electronic means;

             (e) Projects and resources required to meet the objectives of the plan; and

             (f) If feasible, estimated schedules and funding required to implement identified projects.


             NEW SECTION. Sec. 5. A new section is added to chapter 42.17 RCW to read as follows:

             In preparing the information technology plan, the commission shall consult with affected state agencies, the department of information services, and stakeholders in the commission's work, including representatives of political committees, bona fide political parties, news media, and the general public.


             NEW SECTION. Sec. 6. A new section is added to chapter 42.17 RCW to read as follows:

             The commission shall submit the information technology plan to the senate and house of representatives fiscal committees, the governor, the senate state and local government committee, the house of representatives state government committee, and the department of information services by February 1, 2000. It is the intent of the legislature that the commission thereafter comply with the requirements of chapter 43.105 RCW with respect to preparation and submission of biennial performance reports on the commission's information technology.


             NEW SECTION. Sec. 7. A new section is added to chapter 42.17 RCW to read as follows:

             The commission shall prepare and submit to the department of information services a biennial performance report in accordance with chapter 43.105 RCW.

             The report must include:

             (1) An evaluation of the agency's performance relating to information technology;

             (2) An assessment of progress made toward implementing the agency information technology plan;

             (3) An analysis of the commission's performance measures, set forth in section 3 of this act, that relate to the electronic filing of reports and timely public access to those reports via the commission's web site;

             (4) A comprehensive description of the methods by which citizens may interact with the agency in order to obtain information and services from the commission; and

             (5) An inventory of agency information services, equipment, and proprietary software.


             Sec. 8. RCW 42.17.365 and 1993 c 2 s 29 are each amended to read as follows:

             The commission shall conduct a sufficient number of audits and field investigations so as to provide a statistically valid finding regarding the degree of compliance with the provisions of this chapter by all required filers. Any documents, records, reports, computer files, papers, or materials provided to the commission for use in conducting audits and investigations must be returned to the candidate, campaign, or political committee from which they were received within one week of the commission's completion of an audit or field investigation.


             Sec. 9. RCW 42.17.367 and 1994 c 40 s 2 are each amended to read as follows:

             By ((January 1, 1995)) February 1, 2000, the ((public disclosure)) commission shall ((design a program for electronic access to public documents filed with the commission. The program may include on-line access to the commission's magic and electronic bulletin board systems, providing information for the internet system, fax-request service, automated telephone service, electronic filing of reports, and other service delivery options. Documents available in the program shall include, but are not limited to, public documents filed with the public disclosure commission, including, but not limited to, commission meeting schedules, financial affairs reports, contribution reports, expenditure reports, and gift reports. Implementation of the program is contingent on the availability of funds)) operate a web site or contract for the operation of a web site that allows access to reports, copies of reports, or copies of data and information submitted in reports, filed with the commission under RCW 42.17.040, 42.17.065, 42.17.080, 42.17.100, and 42.17.105. By January 1, 2001, the web site shall allow access to reports, copies of reports, or copies of data and information submitted in reports, filed with the commission under RCW 42.17.150, 42.17.170, 42.17.175, and 42.17.180. In addition, the commission shall attempt to make available via the web site other public records submitted to or generated by the commission that are required by this chapter to be available for public use or inspection.


             Sec. 10. RCW 42.17.420 and 1995 c 397 s 18 are each amended to read as follows:

             (1) Except as provided in subsection (2) of this section, when any application, report, statement, notice, or payment required to be made under the provisions of this chapter has been deposited postpaid in the United States mail properly addressed, it shall be deemed to have been received on the date of mailing. It shall be presumed that the date shown by the post office cancellation mark on the envelope is the date of mailing. The provisions of this section do not apply to reports required to be delivered under RCW 42.17.105 and 42.17.175.

             (2) When a report is filed electronically with the commission, it is deemed to have been received on the file transfer date. The commission shall notify the filer of receipt of the electronically filed report. Such notification may be sent by mail, facsimile, or electronic mail. If the notification of receipt of the electronically filed report is not received by the filer, the filer may offer his or her own proof of sending the report, and such proof shall be treated as if it were a receipt sent by the commission. Electronic filing may be used for purposes of filing the special reports required to be delivered under RCW 42.17.105 and 42.17.175.


             NEW SECTION. Sec. 11. A new section is added to chapter 42.17 RCW to read as follows:

             (1) By July 1, 1999, the commission shall offer every candidate, public official, political committee, and party organization that is required to file reports under this chapter the option of filing financial affairs reports, contribution reports, and expenditure reports electronically by diskette or via modem, satellite, or the Internet.

             (2) By January 1, 2001, the commission shall offer all lobbyists and lobbyists' employers required to file reports under RCW 42.17.150, 42.17.170, 42.17.175, or 42.17.180 the option of filing these reports electronically by diskette or via modem, satellite, or the Internet.

             (3) The commission shall make available to each candidate, public official, political committee, lobbyist, lobbyist employer, and party organization an electronic copy of the appropriate reporting forms at no charge.


             NEW SECTION. Sec. 12. A new section is added to chapter 42.17 RCW to read as follows:

             Beginning January 1, 2001, each continuing political committee, that expended ten thousand dollars or more in the preceding year or expects to expend ten thousand dollars or more in expenditures in the current year, shall file all contribution reports and expenditure reports required by this chapter electronically by diskette or via modem, satellite, or the Internet. Failure by a continuing political committee to comply with this section is a violation of this chapter.


             Sec. 13. RCW 42.17.080 and 1995 c 397 s 2 are each amended to read as follows:

             (1) On the day the treasurer is designated, each candidate or political committee shall file with the commission and the county auditor or elections officer of the county in which the candidate resides, or in the case of a political committee, the county in which the treasurer resides, in addition to any statement of organization required under RCW 42.17.040 or 42.17.050, a report of all contributions received and expenditures made prior to that date, if any.

             (2) At the following intervals each treasurer shall file with the commission and the county auditor or elections officer of the county in which the candidate resides, or in the case of a political committee, the county in which the committee maintains its office or headquarters, and if there is no office or headquarters then in the county in which the treasurer resides, a report containing the information required by RCW 42.17.090:

             (a) On the twenty-first day and the seventh day immediately preceding the date on which the election is held; and

             (b) On the tenth day of the first month after the election: PROVIDED, That this report shall not be required following a primary election from:

             (i) A candidate whose name will appear on the subsequent general election ballot; or

             (ii) Any continuing political committee; and

             (c) On the tenth day of each month in which no other reports are required to be filed under this section: PROVIDED, That such report shall only be filed if the committee has received a contribution or made an expenditure in the preceding calendar month and either the total contributions received or total expenditures made since the last such report exceed two hundred dollars.

             When there is no outstanding debt or obligation, and the campaign fund is closed, and the campaign is concluded in all respects, and in the case of a political committee, the committee has ceased to function and has dissolved, the treasurer shall file a final report. Upon submitting a final report, the duties of the treasurer shall cease and there shall be no obligation to make any further reports.

             The report filed twenty-one days before the election shall report all contributions received and expenditures made as of the end of the fifth business day before the date of the report. The report filed seven days before the election shall report all contributions received and expenditures made as of the end of the one business day before the date of the report. Reports filed on the tenth day of the month shall report all contributions received and expenditures made from the closing date of the last report filed through the last day of the month preceding the date of the current report.

             (3) For the period beginning the first day of the fourth month preceding the date on which the special or general election is held and ending on the date of that election, each Friday the treasurer shall file with the commission and the appropriate county elections officer a report of each bank deposit made during the previous seven calendar days. The report shall contain the name of each person contributing the funds so deposited and the amount contributed by each person. However, contributions of no more than twenty-five dollars in the aggregate from any one person may be deposited without identifying the contributor. A copy of the report shall be retained by the treasurer for his or her records. In the event of deposits made by a deputy treasurer, the copy shall be forwarded to the treasurer for his or her records. Each report shall be certified as correct by the treasurer or deputy treasurer making the deposit.

             (4) The treasurer or candidate shall maintain books of account accurately reflecting all contributions and expenditures on a current basis within five business days of receipt or expenditure. During the eight days immediately preceding the date of the election the books of account shall be kept current within one business day ((and shall)). As specified in the committee's statement of organization filed under RCW 42.17.040, the books of account must be open for public inspection as follows:

             (a) For at least two consecutive hours ((Monday through Friday, excluding legal holidays)) on the eighth day immediately before the election, between 8:00 a.m. and 8:00 p.m., as specified in the committee's statement of organization filed pursuant to RCW 42.17.040, at the principal headquarters or, if there is no headquarters, at the address of the treasurer or such other place as may be authorized by the commission; and

             (b) By appointment for inspections to be conducted at the designated place for inspections between 8:00 a.m. and 8:00 p.m. on any other day from the seventh day through the day immediately before the election, other than Saturday, Sunday, or a legal holiday. It is a violation of this chapter for a candidate or political committee to refuse to allow and keep an appointment for an inspection to be conducted during these authorized times and days in the week prior to the election. The appointment must be allowed at an authorized time and day for such inspections that is within twenty-four hours of the time and day that is requested for the inspection.

             (5) The treasurer or candidate shall preserve books of account, bills, receipts, and all other financial records of the campaign or political committee for not less than five calendar years following the year during which the transaction occurred.

             (((5))) (6) All reports filed pursuant to subsections (1) or (2) of this section shall be certified as correct by the candidate and the treasurer.

             (((6))) (7) Copies of all reports filed pursuant to this section shall be readily available for public inspection for at least two consecutive hours Monday through Friday, excluding legal holidays, between 8:00 a.m. and 8:00 p.m., as specified in the committee's statement of organization filed pursuant to RCW 42.17.040, at the principal headquarters or, if there is no headquarters, at the address of the treasurer or such other place as may be authorized by the commission.

             (((7))) (8) The commission shall adopt administrative rules establishing requirements for filer participation in any system designed and implemented by the commission for the electronic filing of reports.


             NEW SECTION. Sec. 14. By December 1, 2000, the joint legislative audit and review committee shall have completed a performance audit of the duties and staffing of the public disclosure commission."


             Correct the title.


             Representative Romero spoke in favor of the adoption of the amendment.


             The amendment was adopted.


             There being no objection, the rules were suspended the second reading considered the third and the bill was placed on final passage.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Second Substitute Senate Bill No. 5931 as amended by the House.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5931, as amended by the House and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. G. Chandler Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, D. K. Schmidt Schmidt, Schoesler, Schual-Berke, Skinner, D. H. Sommers Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 95.

             Excused: Representatives Huff, Quall and Scott - 3.


             Engrossed Second Substitute Senate Bill No. 5931, as amended by the House, having received the constitutional majority, was declared passed.


             There being no objection, the House deferred action on Substitute Senate Joint Resolution No. 8208, and the bill held its place on the second reading calendar.


MESSAGE FROM THE SENATE

April 16, 1999

Mr. Speaker:


             The Senate refuses to concur in the House amendment(s) to SENATE BILL NO. 5664 and asks the House to recede therefrom, and the same is herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the rules were suspended and Senate Bill No. 5664 was returned to second reading for the purpose of an amendment.


SECOND READING


             Representative O'Brien moved the adoption of amendment (241):


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 7.80.130 and 1987 c 456 s 21 are each amended to read as follows:

             (1) An order entered after the receipt of a response which does not contest the determination, or after it has been established at a hearing that the civil infraction was committed, or after a hearing for the purpose of explaining mitigating circumstances is civil in nature.

             (2) The court may waive, reduce, or suspend the monetary penalty prescribed for the civil infraction. If the court determines that a person has insufficient funds to pay the monetary penalty, the court may order performance of a number of hours of community ((service)) restitution in lieu of a monetary penalty, at the rate of the then state minimum wage per hour.


             Sec. 2. RCW 7.80.160 and 1989 c 373 s 12 are each amended to read as follows:

             (1) A person who fails to sign a notice of civil infraction is guilty of a misdemeanor.

             (2) Any person willfully violating his or her written and signed promise to appear in court or his or her written and signed promise to respond to a notice of civil infraction is guilty of a misdemeanor regardless of the disposition of the notice of civil infraction. A written promise to appear in court or a written promise to respond to a notice of civil infraction may be complied with by an appearance by counsel.

             (3) A person who willfully fails to pay a monetary penalty or to perform community ((service)) restitution as required by a court under this chapter may be found in contempt of court as provided in chapter 7.21 RCW.


             Sec. 3. RCW 7.84.110 and 1987 c 380 s 11 are each amended to read as follows:

             (1) An order entered after the receipt of a response which does not contest the determination, or after it has been established at a hearing that the infraction was committed, or after a hearing for the purpose of explaining mitigating circumstances, is civil in nature.

             (2) The court may, in its discretion, waive, reduce, or suspend the monetary penalty prescribed for the infraction. At the person's request, the court may order performance of a number of hours of community ((service)) restitution in lieu of a monetary penalty, at the rate of the then state minimum wage per hour.


             Sec. 4. RCW 7.84.130 and 1987 c 380 s 13 are each amended to read as follows:

             (1) Failure to pay a monetary penalty assessed by a court under the provisions of this chapter is a misdemeanor under chapter 9A.20 RCW.

             (2) Failure to complete community ((service)) restitution ordered by a court under the provisions of this chapter is a misdemeanor under chapter 9A.20 RCW.


             Sec. 5. RCW 9.94A.030 and 1998 c 290 s 3 are each amended to read as follows:

             Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

             (1) "Collect," or any derivative thereof, "collect and remit," or "collect and deliver," when used with reference to the department of corrections, means that the department is responsible for monitoring and enforcing the offender's sentence with regard to the legal financial obligation, receiving payment thereof from the offender, and, consistent with current law, delivering daily the entire payment to the superior court clerk without depositing it in a departmental account.

             (2) "Commission" means the sentencing guidelines commission.

             (3) "Community corrections officer" means an employee of the department who is responsible for carrying out specific duties in supervision of sentenced offenders and monitoring of sentence conditions.

             (4) "Community custody" means that portion of an inmate's sentence of confinement in lieu of earned early release time or imposed pursuant to RCW 9.94A.120 (6), (8), or (10) served in the community subject to controls placed on the inmate's movement and activities by the department of corrections.

             (5) "Community placement" means that period during which the offender is subject to the conditions of community custody and/or postrelease supervision, which begins either upon completion of the term of confinement (postrelease supervision) or at such time as the offender is transferred to community custody in lieu of earned early release. Community placement may consist of entirely community custody, entirely postrelease supervision, or a combination of the two.

             (6) "Community ((service)) restitution" means compulsory service, without compensation, performed for the benefit of the community by the offender.

             (7) "Community supervision" means a period of time during which a convicted offender is subject to crime-related prohibitions and other sentence conditions imposed by a court pursuant to this chapter or RCW 16.52.200(6) or 46.61.524. For first-time offenders, the supervision may include crime-related prohibitions and other conditions imposed pursuant to RCW 9.94A.120(5). For purposes of the interstate compact for out-of-state supervision of parolees and probationers, RCW 9.95.270, community supervision is the functional equivalent of probation and should be considered the same as probation by other states.

             (8) "Confinement" means total or partial confinement as defined in this section.

             (9) "Conviction" means an adjudication of guilt pursuant to Titles 10 or 13 RCW and includes a verdict of guilty, a finding of guilty, and acceptance of a plea of guilty.

             (10) "Court-ordered legal financial obligation" means a sum of money that is ordered by a superior court of the state of Washington for legal financial obligations which may include restitution to the victim, statutorily imposed crime victims' compensation fees as assessed pursuant to RCW 7.68.035, court costs, county or interlocal drug funds, court-appointed attorneys' fees, and costs of defense, fines, and any other financial obligation that is assessed to the offender as a result of a felony conviction. Upon conviction for vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b), or vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal financial obligations may also include payment to a public agency of the expense of an emergency response to the incident resulting in the conviction, subject to the provisions in RCW 38.52.430.

             (11) "Crime-related prohibition" means an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted, and shall not be construed to mean orders directing an offender affirmatively to participate in rehabilitative programs or to otherwise perform affirmative conduct. However, affirmative acts necessary to monitor compliance with the order of a court may be required by the department.

             (12) "Criminal history" means the list of a defendant's prior convictions and juvenile adjudications, whether in this state, in federal court, or elsewhere. The history shall include, where known, for each conviction (a) whether the defendant has been placed on probation and the length and terms thereof; and (b) whether the defendant has been incarcerated and the length of incarceration.

             (13) "Day fine" means a fine imposed by the sentencing judge that equals the difference between the offender's net daily income and the reasonable obligations that the offender has for the support of the offender and any dependents.

             (14) "Day reporting" means a program of enhanced supervision designed to monitor the defendant's daily activities and compliance with sentence conditions, and in which the defendant is required to report daily to a specific location designated by the department or the sentencing judge.

             (15) "Department" means the department of corrections.

             (16) "Determinate sentence" means a sentence that states with exactitude the number of actual years, months, or days of total confinement, of partial confinement, of community supervision, the number of actual hours or days of community ((service)) restitution work, or dollars or terms of a legal financial obligation. The fact that an offender through "earned early release" can reduce the actual period of confinement shall not affect the classification of the sentence as a determinate sentence.

             (17) "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of any amount required by law to be withheld. For the purposes of this definition, "earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonuses, or otherwise, and, notwithstanding any other provision of law making the payments exempt from garnishment, attachment, or other process to satisfy a court-ordered legal financial obligation, specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, but does not include payments made under Title 50 RCW, except as provided in RCW 50.40.020 and 50.40.050, or Title 74 RCW.

             (18) "Drug offense" means:

             (a) Any felony violation of chapter 69.50 RCW except possession of a controlled substance (RCW 69.50.401(d)) or forged prescription for a controlled substance (RCW 69.50.403);

             (b) Any offense defined as a felony under federal law that relates to the possession, manufacture, distribution, or transportation of a controlled substance; or

             (c) Any out-of-state conviction for an offense that under the laws of this state would be a felony classified as a drug offense under (a) of this subsection.

             (19) "Escape" means:

             (a) Escape in the first degree (RCW 9A.76.110), escape in the second degree (RCW 9A.76.120), willful failure to return from furlough (RCW 72.66.060), willful failure to return from work release (RCW 72.65.070), or willful failure to be available for supervision by the department while in community custody (RCW 72.09.310); or

             (b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as an escape under (a) of this subsection.

             (20) "Felony traffic offense" means:

             (a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW 46.61.522), eluding a police officer (RCW 46.61.024), or felony hit-and-run injury-accident (RCW 46.52.020(4)); or

             (b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a felony traffic offense under (a) of this subsection.

             (21) "Fines" means the requirement that the offender pay a specific sum of money over a specific period of time to the court.

             (22) "First-time offender" means any person who is convicted of a felony (a) not classified as a violent offense or a sex offense under this chapter, or (b) that is not the manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance classified in Schedule I or II that is a narcotic drug or flunitrazepam classified in Schedule IV, nor the manufacture, delivery, or possession with intent to deliver methamphetamine, its salts, isomers, and salts of its isomers as defined in RCW 69.50.206(d)(2), nor the selling for profit of any controlled substance or counterfeit substance classified in Schedule I, RCW 69.50.204, except leaves and flowering tops of marihuana, who previously has never been convicted of a felony in this state, federal court, or another state, and who has never participated in a program of deferred prosecution for a felony offense.

             (23) "Most serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies, as now existing or hereafter amended:

             (a) Any felony defined under any law as a class A felony or criminal solicitation of or criminal conspiracy to commit a class A felony;

             (b) Assault in the second degree;

             (c) Assault of a child in the second degree;

             (d) Child molestation in the second degree;

             (e) Controlled substance homicide;

             (f) Extortion in the first degree;

             (g) Incest when committed against a child under age fourteen;

             (h) Indecent liberties;

             (i) Kidnapping in the second degree;

             (j) Leading organized crime;

             (k) Manslaughter in the first degree;

             (l) Manslaughter in the second degree;

             (m) Promoting prostitution in the first degree;

             (n) Rape in the third degree;

             (o) Robbery in the second degree;

             (p) Sexual exploitation;

             (q) Vehicular assault;

             (r) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;

             (s) Any other class B felony offense with a finding of sexual motivation, as "sexual motivation" is defined under this section;

             (t) Any other felony with a deadly weapon verdict under RCW 9.94A.125;

             (u) Any felony offense in effect at any time prior to December 2, 1993, that is comparable to a most serious offense under this subsection, or any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a most serious offense under this subsection;

             (v)(i) A prior conviction for indecent liberties under RCW 9A.88.100(1) (a), (b), and (c), chapter 260, Laws of 1975 1st ex. sess. as it existed until July 1, 1979, RCW 9A.44.100(1) (a), (b), and (c) as it existed from July 1, 1979, until June 11, 1986, and RCW 9A.44.100(1) (a), (b), and (d) as it existed from June 11, 1986, until July 1, 1988;

             (ii) A prior conviction for indecent liberties under RCW 9A.44.100(1)(c) as it existed from June 11, 1986, until July 1, 1988, if: (A) The crime was committed against a child under the age of fourteen; or (B) the relationship between the victim and perpetrator is included in the definition of indecent liberties under RCW 9A.44.100(1)(c) as it existed from July 1, 1988, through July 27, 1997, or RCW 9A.44.100(1) (d) or (e) as it existed from July 25, 1993, through July 27, 1997.

             (24) "Nonviolent offense" means an offense which is not a violent offense.

             (25) "Offender" means a person who has committed a felony established by state law and is eighteen years of age or older or is less than eighteen years of age but whose case is under superior court jurisdiction under RCW 13.04.030 or has been transferred by the appropriate juvenile court to a criminal court pursuant to RCW 13.40.110. Throughout this chapter, the terms "offender" and "defendant" are used interchangeably.

             (26) "Partial confinement" means confinement for no more than one year in a facility or institution operated or utilized under contract by the state or any other unit of government, or, if home detention or work crew has been ordered by the court, in an approved residence, for a substantial portion of each day with the balance of the day spent in the community. Partial confinement includes work release, home detention, work crew, and a combination of work crew and home detention as defined in this section.

             (27) "Persistent offender" is an offender who:

             (a)(i) Has been convicted in this state of any felony considered a most serious offense; and

             (ii) Has, before the commission of the offense under (a) of this subsection, been convicted as an offender on at least two separate occasions, whether in this state or elsewhere, of felonies that under the laws of this state would be considered most serious offenses and would be included in the offender score under RCW 9.94A.360; provided that of the two or more previous convictions, at least one conviction must have occurred before the commission of any of the other most serious offenses for which the offender was previously convicted; or

             (b)(i) Has been convicted of: (A) Rape in the first degree, rape of a child in the first degree, child molestation in the first degree, rape in the second degree, rape of a child in the second degree, or indecent liberties by forcible compulsion; (B) murder in the first degree, murder in the second degree, homicide by abuse, kidnapping in the first degree, kidnapping in the second degree, assault in the first degree, assault in the second degree, assault of a child in the first degree, or burglary in the first degree, with a finding of sexual motivation; or (C) an attempt to commit any crime listed in this subsection (27)(b)(i); and

             (ii) Has, before the commission of the offense under (b)(i) of this subsection, been convicted as an offender on at least one occasion, whether in this state or elsewhere, of an offense listed in (b)(i) of this subsection. A conviction for rape of a child in the first degree constitutes a conviction under subsection (27)(b)(i) only when the offender was sixteen years of age or older when the offender committed the offense. A conviction for rape of a child in the second degree constitutes a conviction under subsection (27)(b)(i) only when the offender was eighteen years of age or older when the offender committed the offense.

             (28) "Postrelease supervision" is that portion of an offender's community placement that is not community custody.

             (29) "Restitution" means the requirement that the offender pay a specific sum of money over a specific period of time to the court as payment of damages. The sum may include both public and private costs. The imposition of a restitution order does not preclude civil redress.

             (30) "Serious traffic offense" means:

             (a) Driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502), actual physical control while under the influence of intoxicating liquor or any drug (RCW 46.61.504), reckless driving (RCW 46.61.500), or hit-and-run an attended vehicle (RCW 46.52.020(5)); or

             (b) Any federal, out-of-state, county, or municipal conviction for an offense that under the laws of this state would be classified as a serious traffic offense under (a) of this subsection.

             (31) "Serious violent offense" is a subcategory of violent offense and means:

             (a) Murder in the first degree, homicide by abuse, murder in the second degree, manslaughter in the first degree, assault in the first degree, kidnapping in the first degree, or rape in the first degree, assault of a child in the first degree, or an attempt, criminal solicitation, or criminal conspiracy to commit one of these felonies; or

             (b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a serious violent offense under (a) of this subsection.

             (32) "Sentence range" means the sentencing court's discretionary range in imposing a nonappealable sentence.

             (33) "Sex offense" means:

             (a) A felony that is a violation of chapter 9A.44 RCW or RCW 9A.64.020 or 9.68A.090 or a felony that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes;

             (b) A felony with a finding of sexual motivation under RCW 9.94A.127 or 13.40.135; or

             (c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a sex offense under (a) of this subsection.

             (34) "Sexual motivation" means that one of the purposes for which the defendant committed the crime was for the purpose of his or her sexual gratification.

             (35) "Total confinement" means confinement inside the physical boundaries of a facility or institution operated or utilized under contract by the state or any other unit of government for twenty-four hours a day, or pursuant to RCW 72.64.050 and 72.64.060.

             (36) "Transition training" means written and verbal instructions and assistance provided by the department to the offender during the two weeks prior to the offender's successful completion of the work ethic camp program. The transition training shall include instructions in the offender's requirements and obligations during the offender's period of community custody.

             (37) "Victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged.

             (38) "Violent offense" means:

             (a) Any of the following felonies, as now existing or hereafter amended: Any felony defined under any law as a class A felony or an attempt to commit a class A felony, criminal solicitation of or criminal conspiracy to commit a class A felony, manslaughter in the first degree, manslaughter in the second degree, indecent liberties if committed by forcible compulsion, kidnapping in the second degree, arson in the second degree, assault in the second degree, assault of a child in the second degree, extortion in the first degree, robbery in the second degree, drive-by shooting, vehicular assault, and vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;

             (b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a violent offense in (a) of this subsection; and

             (c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a violent offense under (a) or (b) of this subsection.

             (39) "Work crew" means a program of partial confinement consisting of civic improvement tasks for the benefit of the community of not less than thirty-five hours per week that complies with RCW 9.94A.135. The civic improvement tasks shall have minimal negative impact on existing private industries or the labor force in the county where the service or labor is performed. The civic improvement tasks shall not affect employment opportunities for people with developmental disabilities contracted through sheltered workshops as defined in RCW 82.04.385. Only those offenders sentenced to a facility operated or utilized under contract by a county or the state are eligible to participate on a work crew. Offenders sentenced for a sex offense as defined in subsection (33) of this section are not eligible for the work crew program.

             (40) "Work ethic camp" means an alternative incarceration program designed to reduce recidivism and lower the cost of corrections by requiring offenders to complete a comprehensive array of real-world job and vocational experiences, character-building work ethics training, life management skills development, substance abuse rehabilitation, counseling, literacy training, and basic adult education.

             (41) "Work release" means a program of partial confinement available to offenders who are employed or engaged as a student in a regular course of study at school. Participation in work release shall be conditioned upon the offender attending work or school at regularly defined hours and abiding by the rules of the work release facility.

             (42) "Home detention" means a program of partial confinement available to offenders wherein the offender is confined in a private residence subject to electronic surveillance.


             Sec. 6. RCW 9.94A.040 and 1997 c 365 s 2 and 1997 c 338 s 3 are each reenacted and amended to read as follows:

             (1) A sentencing guidelines commission is established as an agency of state government.

             (2) The legislature finds that the commission, having accomplished its original statutory directive to implement this chapter, and having expertise in sentencing practice and policies, shall:

             (a) Evaluate state sentencing policy, to include whether the sentencing ranges and standards are consistent with and further:

             (i) The purposes of this chapter as defined in RCW 9.94A.010; and

             (ii) The intent of the legislature to emphasize confinement for the violent offender and alternatives to confinement for the nonviolent offender.

             The commission shall provide the governor and the legislature with its evaluation and recommendations under this subsection not later than December 1, 1996, and every two years thereafter;

             (b) Recommend to the legislature revisions or modifications to the standard sentence ranges, state sentencing policy, prosecuting standards, and other standards. If implementation of the revisions or modifications would result in exceeding the capacity of correctional facilities, then the commission shall accompany its recommendation with an additional list of standard sentence ranges which are consistent with correction capacity;

             (c) Study the existing criminal code and from time to time make recommendations to the legislature for modification;

             (d)(i) Serve as a clearinghouse and information center for the collection, preparation, analysis, and dissemination of information on state and local adult and juvenile sentencing practices; (ii) develop and maintain a computerized adult and juvenile sentencing information system by individual superior court judge consisting of offender, offense, history, and sentence information entered from judgment and sentence forms for all adult felons; and (iii) conduct ongoing research regarding adult and juvenile sentencing guidelines, use of total confinement and alternatives to total confinement, plea bargaining, and other matters relating to the improvement of the adult criminal justice system and the juvenile justice system;

             (e) Assume the powers and duties of the juvenile disposition standards commission after June 30, 1996;

             (f) Evaluate the effectiveness of existing disposition standards and related statutes in implementing policies set forth in RCW 13.40.010 generally, specifically review the guidelines relating to the confinement of minor and first offenders as well as the use of diversion, and review the application of current and proposed juvenile sentencing standards and guidelines for potential adverse impacts on the sentencing outcomes of racial and ethnic minority youth;

             (g) Solicit the comments and suggestions of the juvenile justice community concerning disposition standards, and make recommendations to the legislature regarding revisions or modifications of the standards. The evaluations shall be submitted to the legislature on December 1 of each odd-numbered year. The department of social and health services shall provide the commission with available data concerning the implementation of the disposition standards and related statutes and their effect on the performance of the department's responsibilities relating to juvenile offenders, and with recommendations for modification of the disposition standards. The office of the administrator for the courts shall provide the commission with available data on diversion and dispositions of juvenile offenders under chapter 13.40 RCW; and

             (h) Not later than December 1, 1997, and at least every two years thereafter, based on available information, report to the governor and the legislature on:

             (i) Racial disproportionality in juvenile and adult sentencing;

             (ii) The capacity of state and local juvenile and adult facilities and resources; and

             (iii) Recidivism information on adult and juvenile offenders.

             (3) Each of the commission's recommended standard sentence ranges shall include one or more of the following: Total confinement, partial confinement, community supervision, community ((service)) restitution, and a fine.

             (4) The standard sentence ranges of total and partial confinement under this chapter are subject to the following limitations:

             (a) If the maximum term in the range is one year or less, the minimum term in the range shall be no less than one-third of the maximum term in the range, except that if the maximum term in the range is ninety days or less, the minimum term may be less than one-third of the maximum;

             (b) If the maximum term in the range is greater than one year, the minimum term in the range shall be no less than seventy-five percent of the maximum term in the range, except that for murder in the second degree in seriousness category XIII under RCW 9.94A.310, the minimum term in the range shall be no less than fifty percent of the maximum term in the range; and

             (c) The maximum term of confinement in a range may not exceed the statutory maximum for the crime as provided in RCW 9A.20.021.

             (5) The commission shall exercise its duties under this section in conformity with chapter 34.05 RCW.


             Sec. 7. RCW 9.94A.120 and 1998 c 260 s 3 are each amended to read as follows:

             When a person is convicted of a felony, the court shall impose punishment as provided in this section.

             (1) Except as authorized in subsections (2), (4), (5), (6), and (8) of this section, the court shall impose a sentence within the sentence range for the offense.

             (2) The court may impose a sentence outside the standard sentence range for that offense if it finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence.

             (3) Whenever a sentence outside the standard range is imposed, the court shall set forth the reasons for its decision in written findings of fact and conclusions of law. A sentence outside the standard range shall be a determinate sentence.

             (4) A persistent offender shall be sentenced to a term of total confinement for life without the possibility of parole or, when authorized by RCW 10.95.030 for the crime of aggravated murder in the first degree, sentenced to death, notwithstanding the maximum sentence under any other law. An offender convicted of the crime of murder in the first degree shall be sentenced to a term of total confinement not less than twenty years. An offender convicted of the crime of assault in the first degree or assault of a child in the first degree where the offender used force or means likely to result in death or intended to kill the victim shall be sentenced to a term of total confinement not less than five years. An offender convicted of the crime of rape in the first degree shall be sentenced to a term of total confinement not less than five years. The foregoing minimum terms of total confinement are mandatory and shall not be varied or modified as provided in subsection (2) of this section. In addition, all offenders subject to the provisions of this subsection shall not be eligible for community custody, earned early release time, furlough, home detention, partial confinement, work crew, work release, or any other form of early release as defined under RCW 9.94A.150 (1), (2), (3), (5), (7), or (8), or any other form of authorized leave of absence from the correctional facility while not in the direct custody of a corrections officer or officers during such minimum terms of total confinement except in the case of an offender in need of emergency medical treatment or for the purpose of commitment to an inpatient treatment facility in the case of an offender convicted of the crime of rape in the first degree.

             (5) In sentencing a first-time offender the court may waive the imposition of a sentence within the sentence range and impose a sentence which may include up to ninety days of confinement in a facility operated or utilized under contract by the county and a requirement that the offender refrain from committing new offenses. The sentence may also include up to two years of community supervision, which, in addition to crime-related prohibitions, may include requirements that the offender perform any one or more of the following:

             (a) Devote time to a specific employment or occupation;

             (b) Undergo available outpatient treatment for up to two years, or inpatient treatment not to exceed the standard range of confinement for that offense;

             (c) Pursue a prescribed, secular course of study or vocational training;

             (d) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment;

             (e) Report as directed to the court and a community corrections officer; or

             (f) Pay all court-ordered legal financial obligations as provided in RCW 9.94A.030 and/or perform community ((service)) restitution work.

             (6)(a) An offender is eligible for the special drug offender sentencing alternative if:

             (i) The offender is convicted of the manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance classified in Schedule I or II that is a narcotic drug or a felony that is, under chapter 9A.28 RCW or RCW 69.50.407, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes, and the violation does not involve a sentence enhancement under RCW 9.94A.310 (3) or (4);

             (ii) The offender has no prior convictions for a felony in this state, another state, or the United States; and

             (iii) The offense involved only a small quantity of the particular controlled substance as determined by the judge upon consideration of such factors as the weight, purity, packaging, sale price, and street value of the controlled substance.

             (b) If the midpoint of the standard range is greater than one year and the sentencing judge determines that the offender is eligible for this option and that the offender and the community will benefit from the use of the special drug offender sentencing alternative, the judge may waive imposition of a sentence within the standard range and impose a sentence that must include a period of total confinement in a state facility for one-half of the midpoint of the standard range. During incarceration in the state facility, offenders sentenced under this subsection shall undergo a comprehensive substance abuse assessment and receive, within available resources, treatment services appropriate for the offender. The treatment services shall be designed by the division of alcohol and substance abuse of the department of social and health services, in cooperation with the department of corrections. If the midpoint of the standard range is twenty-four months or less, no more than three months of the sentence may be served in a work release status. The court shall also impose one year of concurrent community custody and community supervision that must include appropriate outpatient substance abuse treatment, crime-related prohibitions including a condition not to use illegal controlled substances, and a requirement to submit to urinalysis or other testing to monitor that status. The court may require that the monitoring for controlled substances be conducted by the department or by a treatment alternatives to street crime program or a comparable court or agency-referred program. The offender may be required to pay thirty dollars per month while on community custody to offset the cost of monitoring. In addition, the court shall impose three or more of the following conditions:

             (i) Devote time to a specific employment or training;

             (ii) Remain within prescribed geographical boundaries and notify the court or the community corrections officer before any change in the offender's address or employment;

             (iii) Report as directed to a community corrections officer;

             (iv) Pay all court-ordered legal financial obligations;

             (v) Perform community ((service)) restitution work;

             (vi) Stay out of areas designated by the sentencing judge.

             (c) If the offender violates any of the sentence conditions in (b) of this subsection, the department shall impose sanctions administratively, with notice to the prosecuting attorney and the sentencing court. Upon motion of the court or the prosecuting attorney, a violation hearing shall be held by the court. If the court finds that conditions have been willfully violated, the court may impose confinement consisting of up to the remaining one-half of the midpoint of the standard range. All total confinement served during the period of community custody shall be credited to the offender, regardless of whether the total confinement is served as a result of the original sentence, as a result of a sanction imposed by the department, or as a result of a violation found by the court. The term of community supervision shall be tolled by any period of time served in total confinement as a result of a violation found by the court.

             (d) The department shall determine the rules for calculating the value of a day fine based on the offender's income and reasonable obligations which the offender has for the support of the offender and any dependents. These rules shall be developed in consultation with the administrator for the courts, the office of financial management, and the commission.

             (7) If a sentence range has not been established for the defendant's crime, the court shall impose a determinate sentence which may include not more than one year of confinement, community ((service)) restitution work, a term of community supervision not to exceed one year, and/or other legal financial obligations. The court may impose a sentence which provides more than one year of confinement if the court finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence.

             (8)(a)(i) When an offender is convicted of a sex offense other than a violation of RCW 9A.44.050 or a sex offense that is also a serious violent offense and has no prior convictions for a sex offense or any other felony sex offenses in this or any other state, the sentencing court, on its own motion or the motion of the state or the defendant, may order an examination to determine whether the defendant is amenable to treatment.

             The report of the examination shall include at a minimum the following: The defendant's version of the facts and the official version of the facts, the defendant's offense history, an assessment of problems in addition to alleged deviant behaviors, the offender's social and employment situation, and other evaluation measures used. The report shall set forth the sources of the evaluator's information.

             The examiner shall assess and report regarding the defendant's amenability to treatment and relative risk to the community. A proposed treatment plan shall be provided and shall include, at a minimum:

             (A) Frequency and type of contact between offender and therapist;

             (B) Specific issues to be addressed in the treatment and description of planned treatment modalities;

             (C) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members and others;

             (D) Anticipated length of treatment; and

             (E) Recommended crime-related prohibitions.

             The court on its own motion may order, or on a motion by the state shall order, a second examination regarding the offender's amenability to treatment. The evaluator shall be selected by the party making the motion. The defendant shall pay the cost of any second examination ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost.

             (ii) After receipt of the reports, the court shall consider whether the offender and the community will benefit from use of this special sex offender sentencing alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this subsection. If the court determines that this special sex offender sentencing alternative is appropriate, the court shall then impose a sentence within the sentence range. If this sentence is less than eleven years of confinement, the court may suspend the execution of the sentence and impose the following conditions of suspension:

             (A) The court shall place the defendant on community custody for the length of the suspended sentence or three years, whichever is greater, and require the offender to comply with any conditions imposed by the department of corrections under subsection (14) of this section;

             (B) The court shall order treatment for any period up to three years in duration. The court in its discretion shall order outpatient sex offender treatment or inpatient sex offender treatment, if available. A community mental health center may not be used for such treatment unless it has an appropriate program designed for sex offender treatment. The offender shall not change sex offender treatment providers or treatment conditions without first notifying the prosecutor, the community corrections officer, and the court, and shall not change providers without court approval after a hearing if the prosecutor or community corrections officer object to the change. In addition, as conditions of the suspended sentence, the court may impose other sentence conditions including up to six months of confinement, not to exceed the sentence range of confinement for that offense, crime-related prohibitions, and requirements that the offender perform any one or more of the following:

             (I) Devote time to a specific employment or occupation;

             (II) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment;

             (III) Report as directed to the court and a community corrections officer;

             (IV) Pay all court-ordered legal financial obligations as provided in RCW 9.94A.030, perform community ((service)) restitution work, or any combination thereof; or

             (V) Make recoupment to the victim for the cost of any counseling required as a result of the offender's crime; and

             (C) Sex offenders sentenced under this special sex offender sentencing alternative are not eligible to accrue any earned early release time while serving a suspended sentence.

             (iii) The sex offender therapist shall submit quarterly reports on the defendant's progress in treatment to the court and the parties. The report shall reference the treatment plan and include at a minimum the following: Dates of attendance, defendant's compliance with requirements, treatment activities, the defendant's relative progress in treatment, and any other material as specified by the court at sentencing.

             (iv) At the time of sentencing, the court shall set a treatment termination hearing for three months prior to the anticipated date for completion of treatment. Prior to the treatment termination hearing, the treatment professional and community corrections officer shall submit written reports to the court and parties regarding the defendant's compliance with treatment and monitoring requirements, and recommendations regarding termination from treatment, including proposed community supervision conditions. Either party may request and the court may order another evaluation regarding the advisability of termination from treatment. The defendant shall pay the cost of any additional evaluation ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost. At the treatment termination hearing the court may: (A) Modify conditions of community custody, and either (B) terminate treatment, or (C) extend treatment for up to the remaining period of community custody.

             (v) If a violation of conditions occurs during community custody, the department shall either impose sanctions as provided for in RCW 9.94A.205(2)(a) or refer the violation to the court and recommend revocation of the suspended sentence as provided for in (a)(vi) of this subsection.

             (vi) The court may revoke the suspended sentence at any time during the period of community custody and order execution of the sentence if: (A) The defendant violates the conditions of the suspended sentence, or (B) the court finds that the defendant is failing to make satisfactory progress in treatment. All confinement time served during the period of community custody shall be credited to the offender if the suspended sentence is revoked.

             (vii) Except as provided in (a)(viii) of this subsection, after July 1, 1991, examinations and treatment ordered pursuant to this subsection shall only be conducted by sex offender treatment providers certified by the department of health pursuant to chapter 18.155 RCW.

             (viii) A sex offender therapist who examines or treats a sex offender pursuant to this subsection (8) does not have to be certified by the department of health pursuant to chapter 18.155 RCW if the court finds that: (A) The offender has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements; (B) no certified providers are available for treatment within a reasonable geographical distance of the offender's home; and (C) the evaluation and treatment plan comply with this subsection (8) and the rules adopted by the department of health.

             (ix) For purposes of this subsection (8), "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a result of the crime charged. "Victim" also means a parent or guardian of a victim who is a minor child unless the parent or guardian is the perpetrator of the offense.

             (x) If the defendant was less than eighteen years of age when the charge was filed, the state shall pay for the cost of initial evaluation and treatment.

             (b) When an offender commits any felony sex offense on or after July 1, 1987, and is sentenced to a term of confinement of more than one year but less than six years, the sentencing court may, on its own motion or on the motion of the offender or the state, request the department of corrections to evaluate whether the offender is amenable to treatment and the department may place the offender in a treatment program within a correctional facility operated by the department.

             Except for an offender who has been convicted of a violation of RCW 9A.44.040 or 9A.44.050, if the offender completes the treatment program before the expiration of his or her term of confinement, the department of corrections may request the court to convert the balance of confinement to community supervision and to place conditions on the offender including crime-related prohibitions and requirements that the offender perform any one or more of the following:

             (i) Devote time to a specific employment or occupation;

             (ii) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment;

             (iii) Report as directed to the court and a community corrections officer;

             (iv) Undergo available outpatient treatment.

             If the offender violates any of the terms of his or her community supervision, the court may order the offender to serve out the balance of his or her community supervision term in confinement in the custody of the department of corrections.

             Nothing in this subsection (8)(b) shall confer eligibility for such programs for offenders convicted and sentenced for a sex offense committed prior to July 1, 1987. This subsection (8)(b) does not apply to any crime committed after July 1, 1990.

             (c) Offenders convicted and sentenced for a sex offense committed prior to July 1, 1987, may, subject to available funds, request an evaluation by the department of corrections to determine whether they are amenable to treatment. If the offender is determined to be amenable to treatment, the offender may request placement in a treatment program within a correctional facility operated by the department. Placement in such treatment program is subject to available funds.

             (9)(a) When a court sentences a person to a term of total confinement to the custody of the department of corrections for an offense categorized as a sex offense or a serious violent offense committed after July 1, 1988, but before July 1, 1990, assault in the second degree, assault of a child in the second degree, any crime against a person where it is determined in accordance with RCW 9.94A.125 that the defendant or an accomplice was armed with a deadly weapon at the time of commission, or any felony offense under chapter 69.50 or 69.52 RCW not sentenced under subsection (6) of this section, committed on or after July 1, 1988, the court shall in addition to the other terms of the sentence, sentence the offender to a one-year term of community placement beginning either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned early release in accordance with RCW 9.94A.150 (1) and (2). When the court sentences an offender under this subsection to the statutory maximum period of confinement then the community placement portion of the sentence shall consist entirely of such community custody to which the offender may become eligible, in accordance with RCW 9.94A.150 (1) and (2). Any period of community custody actually served shall be credited against the community placement portion of the sentence.

             (b) When a court sentences a person to a term of total confinement to the custody of the department of corrections for an offense categorized as a sex offense committed on or after July 1, 1990, but before June 6, 1996, a serious violent offense, vehicular homicide, or vehicular assault, committed on or after July 1, 1990, the court shall in addition to other terms of the sentence, sentence the offender to community placement for two years or up to the period of earned early release awarded pursuant to RCW 9.94A.150 (1) and (2), whichever is longer. The community placement shall begin either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned early release in accordance with RCW 9.94A.150 (1) and (2). When the court sentences an offender under this subsection to the statutory maximum period of confinement then the community placement portion of the sentence shall consist entirely of the community custody to which the offender may become eligible, in accordance with RCW 9.94A.150 (1) and (2). Any period of community custody actually served shall be credited against the community placement portion of the sentence. Unless a condition is waived by the court, the terms of community placement for offenders sentenced pursuant to this section shall include the following conditions:

             (i) The offender shall report to and be available for contact with the assigned community corrections officer as directed;

             (ii) The offender shall work at department of corrections-approved education, employment, and/or community ((service)) restitution;

             (iii) The offender shall not possess or consume controlled substances except pursuant to lawfully issued prescriptions;

             (iv) The offender shall pay supervision fees as determined by the department of corrections;

             (v) The residence location and living arrangements are subject to the prior approval of the department of corrections during the period of community placement; and

             (vi) The offender shall submit to affirmative acts necessary to monitor compliance with the orders of the court as required by the department.

             (c) As a part of any sentence imposed under (a) or (b) of this subsection, the court may also order any of the following special conditions:

             (i) The offender shall remain within, or outside of, a specified geographical boundary;

             (ii) The offender shall not have direct or indirect contact with the victim of the crime or a specified class of individuals;

             (iii) The offender shall participate in crime-related treatment or counseling services;

             (iv) The offender shall not consume alcohol;

             (v) The offender shall comply with any crime-related prohibitions; or

             (vi) For an offender convicted of a felony sex offense against a minor victim after June 6, 1996, the offender shall comply with any terms and conditions of community placement imposed by the department of corrections relating to contact between the sex offender and a minor victim or a child of similar age or circumstance as a previous victim.

             (d) Prior to transfer to, or during, community placement, any conditions of community placement may be removed or modified so as not to be more restrictive by the sentencing court, upon recommendation of the department of corrections.

             (10)(a) When a court sentences a person to the custody of the department of corrections for an offense categorized as a sex offense committed on or after June 6, 1996, the court shall, in addition to other terms of the sentence, sentence the offender to community custody for three years or up to the period of earned early release awarded pursuant to RCW 9.94A.150 (1) and (2), whichever is longer. The community custody shall begin either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned early release in accordance with RCW 9.94A.150 (1) and (2).

             (b) Unless a condition is waived by the court, the terms of community custody shall be the same as those provided for in subsection (9)(b) of this section and may include those provided for in subsection (9)(c) of this section. As part of any sentence that includes a term of community custody imposed under this subsection, the court shall also require the offender to comply with any conditions imposed by the department of corrections under subsection (14) of this section.

             (c) At any time prior to the completion of a sex offender's term of community custody, if the court finds that public safety would be enhanced, the court may impose and enforce an order extending any or all of the conditions imposed pursuant to this section for a period up to the maximum allowable sentence for the crime as it is classified in chapter 9A.20 RCW, regardless of the expiration of the offender's term of community custody. If a violation of a condition extended under this subsection occurs after the expiration of the offender's term of community custody, it shall be deemed a violation of the sentence for the purposes of RCW 9.94A.195 and may be punishable as contempt of court as provided for in RCW 7.21.040.

             (11) If the court imposes a sentence requiring confinement of thirty days or less, the court may, in its discretion, specify that the sentence be served on consecutive or intermittent days. A sentence requiring more than thirty days of confinement shall be served on consecutive days. Local jail administrators may schedule court-ordered intermittent sentences as space permits.

             (12) If a sentence imposed includes payment of a legal financial obligation, the sentence shall specify the total amount of the legal financial obligation owed, and shall require the offender to pay a specified monthly sum toward that legal financial obligation. Restitution to victims shall be paid prior to any other payments of monetary obligations. Any legal financial obligation that is imposed by the court may be collected by the department, which shall deliver the amount paid to the county clerk for credit. The offender's compliance with payment of legal financial obligations shall be supervised by the department for ten years following the entry of the judgment and sentence or ten years following the offender's release from total confinement. All monetary payments ordered shall be paid no later than ten years after the last date of release from confinement pursuant to a felony conviction or the date the sentence was entered unless the superior court extends the criminal judgment an additional ten years. If the legal financial obligations including crime victims' assessments are not paid during the initial ten-year period, the superior court may extend jurisdiction under the criminal judgment an additional ten years as provided in RCW 9.94A.140, 9.94A.142, and 9.94A.145. If jurisdiction under the criminal judgment is extended, the department is not responsible for supervision of the offender during the subsequent period. Independent of the department, the party or entity to whom the legal financial obligation is owed shall have the authority to utilize any other remedies available to the party or entity to collect the legal financial obligation. Nothing in this section makes the department, the state, or any of its employees, agents, or other persons acting on their behalf liable under any circumstances for the payment of these legal financial obligations. If an order includes restitution as one of the monetary assessments, the county clerk shall make disbursements to victims named in the order.

             (13) Except as provided under RCW 9.94A.140(1) and 9.94A.142(1), a court may not impose a sentence providing for a term of confinement or community supervision or community placement which exceeds the statutory maximum for the crime as provided in chapter 9A.20 RCW.

             (14) All offenders sentenced to terms involving community supervision, community ((service)) restitution, community placement, or legal financial obligation shall be under the supervision of the department of corrections and shall follow explicitly the instructions and conditions of the department of corrections. The department may require an offender to perform affirmative acts it deems appropriate to monitor compliance with the conditions of the sentence imposed.

             (a) The instructions shall include, at a minimum, reporting as directed to a community corrections officer, remaining within prescribed geographical boundaries, notifying the community corrections officer of any change in the offender's address or employment, and paying the supervision fee assessment.

             (b) For offenders sentenced to terms involving community custody for crimes committed on or after June 6, 1996, the department may include, in addition to the instructions in (a) of this subsection, any appropriate conditions of supervision, including but not limited to, prohibiting the offender from having contact with any other specified individuals or specific class of individuals. The conditions authorized under this subsection (14)(b) may be imposed by the department prior to or during an offender's community custody term. If a violation of conditions imposed by the court or the department pursuant to subsection (10) of this section occurs during community custody, it shall be deemed a violation of community placement for the purposes of RCW 9.94A.207 and shall authorize the department to transfer an offender to a more restrictive confinement status as provided in RCW 9.94A.205. At any time prior to the completion of a sex offender's term of community custody, the department may recommend to the court that any or all of the conditions imposed by the court or the department pursuant to subsection (10) of this section be continued beyond the expiration of the offender's term of community custody as authorized in subsection (10)(c) of this section.

             The department may require offenders to pay for special services rendered on or after July 25, 1993, including electronic monitoring, day reporting, and telephone reporting, dependent upon the offender's ability to pay. The department may pay for these services for offenders who are not able to pay.

             (15) All offenders sentenced to terms involving community supervision, community ((service)) restitution, or community placement under the supervision of the department of corrections shall not own, use, or possess firearms or ammunition. Offenders who own, use, or are found to be in actual or constructive possession of firearms or ammunition shall be subject to the appropriate violation process and sanctions. "Constructive possession" as used in this subsection means the power and intent to control the firearm or ammunition. "Firearm" as used in this subsection means a weapon or device from which a projectile may be fired by an explosive such as gunpowder.

             (16) The sentencing court shall give the offender credit for all confinement time served before the sentencing if that confinement was solely in regard to the offense for which the offender is being sentenced.

             (17) A departure from the standards in RCW 9.94A.400 (1) and (2) governing whether sentences are to be served consecutively or concurrently is an exceptional sentence subject to the limitations in subsections (2) and (3) of this section, and may be appealed by the defendant or the state as set forth in RCW 9.94A.210 (2) through (6).

             (18) The court shall order restitution whenever the offender is convicted of a felony that results in injury to any person or damage to or loss of property, whether the offender is sentenced to confinement or placed under community supervision, unless extraordinary circumstances exist that make restitution inappropriate in the court's judgment. The court shall set forth the extraordinary circumstances in the record if it does not order restitution.

             (19) As a part of any sentence, the court may impose and enforce an order that relates directly to the circumstances of the crime for which the offender has been convicted, prohibiting the offender from having any contact with other specified individuals or a specific class of individuals for a period not to exceed the maximum allowable sentence for the crime, regardless of the expiration of the offender's term of community supervision or community placement.

             (20) The court may order an offender whose sentence includes community placement or community supervision to undergo a mental status evaluation and to participate in available outpatient mental health treatment, if the court finds that reasonable grounds exist to believe that the offender is a mentally ill person as defined in RCW 71.24.025, and that this condition is likely to have influenced the offense. An order requiring mental status evaluation or treatment must be based on a presentence report and, if applicable, mental status evaluations that have been filed with the court to determine the offender's competency or eligibility for a defense of insanity. The court may order additional evaluations at a later date if deemed appropriate.

             (21) In any sentence of partial confinement, the court may require the defendant to serve the partial confinement in work release, in a program of home detention, on work crew, or in a combined program of work crew and home detention.

             (22) All court-ordered legal financial obligations collected by the department and remitted to the county clerk shall be credited and paid where restitution is ordered. Restitution shall be paid prior to any other payments of monetary obligations.


             Sec. 8. RCW 9.94A.200 and 1998 c 260 s 4 are each amended to read as follows:

             (1) If an offender violates any condition or requirement of a sentence, the court may modify its order of judgment and sentence and impose further punishment in accordance with this section.

             (2) In cases where conditions from a second or later sentence of community supervision begin prior to the term of the second or later sentence, the court shall treat a violation of such conditions as a violation of the sentence of community supervision currently being served.

             (3) If an offender fails to comply with any of the requirements or conditions of a sentence the following provisions apply:

             (a)(i) Following the violation, if the offender and the department make a stipulated agreement, the department may impose sanctions such as work release, home detention with electronic monitoring, work crew, community ((service)) restitution, inpatient treatment, daily reporting, curfew, educational or counseling sessions, supervision enhanced through electronic monitoring, jail time, or other sanctions available in the community.

             (ii) Within seventy-two hours of signing the stipulated agreement, the department shall submit a report to the court and the prosecuting attorney outlining the violation or violations, and sanctions imposed. Within fifteen days of receipt of the report, if the court is not satisfied with the sanctions, the court may schedule a hearing and may modify the department's sanctions. If this occurs, the offender may withdraw from the stipulated agreement.

             (iii) If the offender fails to comply with the sanction administratively imposed by the department, the court may take action regarding the original noncompliance. Offender failure to comply with the sanction administratively imposed by the department may be considered an additional violation.

             (b) In the absence of a stipulated agreement, or where the court is not satisfied with the department's sanctions as provided in (a) of this subsection, the court, upon the motion of the state, or upon its own motion, shall require the offender to show cause why the offender should not be punished for the noncompliance. The court may issue a summons or a warrant of arrest for the offender's appearance;

             (c) The state has the burden of showing noncompliance by a preponderance of the evidence. If the court finds that the violation has occurred, it may order the offender to be confined for a period not to exceed sixty days for each violation, and may (i) convert a term of partial confinement to total confinement, (ii) convert community ((service)) restitution obligation to total or partial confinement, (iii) convert monetary obligations, except restitution and the crime victim penalty assessment, to community ((service)) restitution hours at the rate of the state minimum wage as established in RCW 49.46.020 for each hour of community ((service)) restitution, or (iv) order one or more of the penalties authorized in (a)(i) of this subsection. Any time served in confinement awaiting a hearing on noncompliance shall be credited against any confinement order by the court;

             (d) If the court finds that the violation was not willful, the court may modify its previous order regarding payment of legal financial obligations and regarding community ((service)) restitution obligations; and

             (e) If the violation involves a failure to undergo or comply with mental status evaluation and/or outpatient mental health treatment, the community corrections officer shall consult with the treatment provider or proposed treatment provider. Enforcement of orders concerning outpatient mental health treatment must reflect the availability of treatment and must pursue the least restrictive means of promoting participation in treatment. If the offender's failure to receive care essential for health and safety presents a risk of serious physical harm or probable harmful consequences, the civil detention and commitment procedures of chapter 71.05 RCW shall be considered in preference to incarceration in a local or state correctional facility.

             (4) The community corrections officer may obtain information from the offender's mental health treatment provider on the offender's status with respect to evaluation, application for services, registration for services, and compliance with the supervision plan, without the offender's consent, as described under RCW 71.05.630.

             (5) An offender under community placement or community supervision who is civilly detained under chapter 71.05 RCW, and subsequently discharged or conditionally released to the community, shall be under the supervision of the department of corrections for the duration of his or her period of community placement or community supervision. During any period of inpatient mental health treatment that falls within the period of community placement or community supervision, the inpatient treatment provider and the supervising community corrections officer shall notify each other about the offender's discharge, release, and legal status, and shall share other relevant information.

             (6) Nothing in this section prohibits the filing of escape charges if appropriate.


             Sec. 9. RCW 9.94A.380 and 1988 c 157 s 4 and 1988 c 155 s 3 are each reenacted and amended to read as follows:

             Alternatives to total confinement are available for offenders with sentences of one year or less. These alternatives include the following sentence conditions that the court may order as substitutes for total confinement: (1) One day of partial confinement may be substituted for one day of total confinement; (2) in addition, for offenders convicted of nonviolent offenses only, eight hours of community ((service)) restitution may be substituted for one day of total confinement, with a maximum conversion limit of two hundred forty hours or thirty days. Community ((service)) restitution hours must be completed within the period of community supervision or a time period specified by the court, which shall not exceed twenty-four months, pursuant to a schedule determined by the department.

             For sentences of nonviolent offenders for one year or less, the court shall consider and give priority to available alternatives to total confinement and shall state its reasons in writing on the judgment and sentence form if the alternatives are not used.


             Sec. 10. RCW 9.94A.400 and 1998 c 235 s 2 are each amended to read as follows:

             (1)(a) Except as provided in (b) or (c) of this subsection, whenever a person is to be sentenced for two or more current offenses, the sentence range for each current offense shall be determined by using all other current and prior convictions as if they were prior convictions for the purpose of the offender score: PROVIDED, That if the court enters a finding that some or all of the current offenses encompass the same criminal conduct then those current offenses shall be counted as one crime. Sentences imposed under this subsection shall be served concurrently. Consecutive sentences may only be imposed under the exceptional sentence provisions of RCW 9.94A.120 and 9.94A.390(2)(g) or any other provision of RCW 9.94A.390. "Same criminal conduct," as used in this subsection, means two or more crimes that require the same criminal intent, are committed at the same time and place, and involve the same victim. This definition applies in cases involving vehicular assault or vehicular homicide even if the victims occupied the same vehicle.

             (b) Whenever a person is convicted of two or more serious violent offenses, as defined in RCW 9.94A.030, arising from separate and distinct criminal conduct, the sentence range for the offense with the highest seriousness level under RCW 9.94A.320 shall be determined using the offender's prior convictions and other current convictions that are not serious violent offenses in the offender score and the sentence range for other serious violent offenses shall be determined by using an offender score of zero. The sentence range for any offenses that are not serious violent offenses shall be determined according to (a) of this subsection. All sentences imposed under (b) of this subsection shall be served consecutively to each other and concurrently with sentences imposed under (a) of this subsection.

             (c) If an offender is convicted under RCW 9.41.040 for unlawful possession of a firearm in the first or second degree and for the felony crimes of theft of a firearm or possession of a stolen firearm, or both, then the offender shall serve consecutive sentences for each conviction of the felony crimes listed in this subsection, and for each firearm unlawfully possessed.

             (2)(a) Except as provided in (b) of this subsection, whenever a person while under sentence of felony commits another felony and is sentenced to another term of confinement, the latter term shall not begin until expiration of all prior terms.

             (b) Whenever a second or later felony conviction results in community supervision with conditions not currently in effect, under the prior sentence or sentences of community supervision the court may require that the conditions of community supervision contained in the second or later sentence begin during the immediate term of community supervision and continue throughout the duration of the consecutive term of community supervision.

             (3) Subject to subsections (1) and (2) of this section, whenever a person is sentenced for a felony that was committed while the person was not under sentence of a felony, the sentence shall run concurrently with any felony sentence which has been imposed by any court in this or another state or by a federal court subsequent to the commission of the crime being sentenced unless the court pronouncing the current sentence expressly orders that they be served consecutively.

             (4) Whenever any person granted probation under RCW 9.95.210 or 9.92.060, or both, has the probationary sentence revoked and a prison sentence imposed, that sentence shall run consecutively to any sentence imposed pursuant to this chapter, unless the court pronouncing the subsequent sentence expressly orders that they be served concurrently.

             (5) However, in the case of consecutive sentences, all periods of total confinement shall be served before any partial confinement, community ((service)) restitution, community supervision, or any other requirement or conditions of any of the sentences. Except for exceptional sentences as authorized under RCW 9.94A.120(2), if two or more sentences that run consecutively include periods of community supervision, the aggregate of the community supervision period shall not exceed twenty-four months.


             Sec. 11. RCW 10.98.040 and 1985 c 201 s 1 are each amended to read as follows:

             Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

             (1) "Arrest and fingerprint form" means the reporting form prescribed by the identification, child abuse, vulnerable adult abuse, and criminal history section to initiate compiling arrest and identification information.

             (2) "Chief law enforcement officer" includes the sheriff or director of public safety of a county, the chief of police of a city or town, and chief officers of other law enforcement agencies operating within the state.

             (3) "Department" means the department of corrections.

             (4) "Disposition" means the conclusion of a criminal proceeding at any stage it occurs in the criminal justice system. Disposition includes but is not limited to temporary or permanent outcomes such as charges dropped by police, charges not filed by the prosecuting attorney, deferred prosecution, defendant absconded, charges filed by the prosecuting attorney pending court findings such as not guilty, dismissed, guilty, or guilty--case appealed to higher court.

             (5) "Disposition report" means the reporting form prescribed by the identification, child abuse, vulnerable adult abuse, and criminal history section to report the legal procedures taken after completing an arrest and fingerprint form. The disposition report shall include but not be limited to the following types of information:

             (a) The type of disposition;

             (b) The statutory citation for the arrests;

             (c) The sentence structure if the defendant was convicted of a felony;

             (d) The state identification number; and

             (e) Identification information and other information that is prescribed by the identification, child abuse, vulnerable adult abuse, and criminal history section.

             (6) "Fingerprints" means the fingerprints taken from arrested or charged persons under the procedures prescribed by the Washington state patrol identification, child abuse, vulnerable adult abuse, and criminal history section.

             (7) "Prosecuting attorney" means the public or private attorney prosecuting a criminal case.

             (8) "Section" refers to the Washington state patrol section on identification, child abuse, vulnerable adult abuse, and criminal history.

             (9) "Sentence structure" means itemizing the components of the felony sentence. The sentence structure shall include but not be limited to the total or partial confinement sentenced, and whether the sentence is prison or jail, community supervision, fines, restitution, or community ((service)) restitution.


             Sec. 12. RCW 13.40.020 and 1997 c 338 s 10 are each amended to read as follows:

             For the purposes of this chapter:

             (1) "Community-based rehabilitation" means one or more of the following: Employment; attendance of information classes; literacy classes; counseling, outpatient substance abuse treatment programs, outpatient mental health programs, anger management classes, education or outpatient treatment programs to prevent animal cruelty, or other services; or attendance at school or other educational programs appropriate for the juvenile as determined by the school district. Placement in community-based rehabilitation programs is subject to available funds;

             (2) Community-based sanctions may include one or more of the following:

             (a) A fine, not to exceed five hundred dollars;

             (b) Community ((service)) restitution not to exceed one hundred fifty hours of ((service)) community restitution;

             (3) "Community ((service)) restitution" means compulsory service, without compensation, performed for the benefit of the community by the offender as punishment for committing an offense. Community ((service)) restitution may be performed through public or private organizations or through work crews;

             (4) "Community supervision" means an order of disposition by the court of an adjudicated youth not committed to the department or an order granting a deferred disposition. A community supervision order for a single offense may be for a period of up to two years for a sex offense as defined by RCW 9.94A.030 and up to one year for other offenses. As a mandatory condition of any term of community supervision, the court shall order the juvenile to refrain from committing new offenses. As a mandatory condition of community supervision, the court shall order the juvenile to comply with the mandatory school attendance provisions of chapter 28A.225 RCW and to inform the school of the existence of this requirement. Community supervision is an individualized program comprised of one or more of the following:

             (a) Community-based sanctions;

             (b) Community-based rehabilitation;

             (c) Monitoring and reporting requirements;

             (d) Posting of a probation bond;

             (5) "Confinement" means physical custody by the department of social and health services in a facility operated by or pursuant to a contract with the state, or physical custody in a detention facility operated by or pursuant to a contract with any county. The county may operate or contract with vendors to operate county detention facilities. The department may operate or contract to operate detention facilities for juveniles committed to the department. Pretrial confinement or confinement of less than thirty-one days imposed as part of a disposition or modification order may be served consecutively or intermittently, in the discretion of the court;

             (6) "Court," when used without further qualification, means the juvenile court judge(s) or commissioner(s);

             (7) "Criminal history" includes all criminal complaints against the respondent for which, prior to the commission of a current offense:

             (a) The allegations were found correct by a court. If a respondent is convicted of two or more charges arising out of the same course of conduct, only the highest charge from among these shall count as an offense for the purposes of this chapter; or

             (b) The criminal complaint was diverted by a prosecutor pursuant to the provisions of this chapter on agreement of the respondent and after an advisement to the respondent that the criminal complaint would be considered as part of the respondent's criminal history. A successfully completed deferred adjudication that was entered before July 1, 1998, or a deferred disposition shall not be considered part of the respondent's criminal history;

             (8) "Department" means the department of social and health services;

             (9) "Detention facility" means a county facility, paid for by the county, for the physical confinement of a juvenile alleged to have committed an offense or an adjudicated offender subject to a disposition or modification order. "Detention facility" includes county group homes, inpatient substance abuse programs, juvenile basic training camps, and electronic monitoring;

             (10) "Diversion unit" means any probation counselor who enters into a diversion agreement with an alleged youthful offender, or any other person, community accountability board, or other entity except a law enforcement official or entity, with whom the juvenile court administrator has contracted to arrange and supervise such agreements pursuant to RCW 13.40.080, or any person, community accountability board, or other entity specially funded by the legislature to arrange and supervise diversion agreements in accordance with the requirements of this chapter. For purposes of this subsection, "community accountability board" means a board comprised of members of the local community in which the juvenile offender resides. The superior court shall appoint the members. The boards shall consist of at least three and not more than seven members. If possible, the board should include a variety of representatives from the community, such as a law enforcement officer, teacher or school administrator, high school student, parent, and business owner, and should represent the cultural diversity of the local community;

             (11) "Foster care" means temporary physical care in a foster family home or group care facility as defined in RCW 74.15.020 and licensed by the department, or other legally authorized care;

             (12) "Institution" means a juvenile facility established pursuant to chapters 72.05 and 72.16 through 72.20 RCW;

             (13) "Intensive supervision program" means a parole program that requires intensive supervision and monitoring, offers an array of individualized treatment and transitional services, and emphasizes community involvement and support in order to reduce the likelihood a juvenile offender will commit further offenses;

             (14) "Juvenile," "youth," and "child" mean any individual who is under the chronological age of eighteen years and who has not been previously transferred to adult court pursuant to RCW 13.40.110 or who is otherwise under adult court jurisdiction;

             (15) "Juvenile offender" means any juvenile who has been found by the juvenile court to have committed an offense, including a person eighteen years of age or older over whom jurisdiction has been extended under RCW 13.40.300;

             (16) "Local sanctions" means one or more of the following: (a) 0-30 days of confinement; (b) 0-12 months of community supervision; (c) 0-150 hours of community ((service)) restitution; or (d) $0-$500 fine;

             (17) "Manifest injustice" means a disposition that would either impose an excessive penalty on the juvenile or would impose a serious, and clear danger to society in light of the purposes of this chapter;

             (18) "Monitoring and reporting requirements" means one or more of the following: Curfews; requirements to remain at home, school, work, or court-ordered treatment programs during specified hours; restrictions from leaving or entering specified geographical areas; requirements to report to the probation officer as directed and to remain under the probation officer's supervision; and other conditions or limitations as the court may require which may not include confinement;

             (19) "Offense" means an act designated a violation or a crime if committed by an adult under the law of this state, under any ordinance of any city or county of this state, under any federal law, or under the law of another state if the act occurred in that state;

             (20) "Probation bond" means a bond, posted with sufficient security by a surety justified and approved by the court, to secure the offender's appearance at required court proceedings and compliance with court-ordered community supervision or conditions of release ordered pursuant to RCW 13.40.040 or 13.40.050. It also means a deposit of cash or posting of other collateral in lieu of a bond if approved by the court;

             (21) "Respondent" means a juvenile who is alleged or proven to have committed an offense;

             (22) "Restitution" means financial reimbursement by the offender to the victim, and shall be limited to easily ascertainable damages for injury to or loss of property, actual expenses incurred for medical treatment for physical injury to persons, lost wages resulting from physical injury, and costs of the victim's counseling reasonably related to the offense if the offense is a sex offense. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses. Nothing in this chapter shall limit or replace civil remedies or defenses available to the victim or offender;

             (23) "Secretary" means the secretary of the department of social and health services. "Assistant secretary" means the assistant secretary for juvenile rehabilitation for the department;

             (24) "Services" means services which provide alternatives to incarceration for those juveniles who have pleaded or been adjudicated guilty of an offense or have signed a diversion agreement pursuant to this chapter;

             (25) "Sex offense" means an offense defined as a sex offense in RCW 9.94A.030;

             (26) "Sexual motivation" means that one of the purposes for which the respondent committed the offense was for the purpose of his or her sexual gratification;

             (27) "Surety" means an entity licensed under state insurance laws or by the state department of licensing, to write corporate, property, or probation bonds within the state, and justified and approved by the superior court of the county having jurisdiction of the case;

             (28) "Violation" means an act or omission, which if committed by an adult, must be proven beyond a reasonable doubt, and is punishable by sanctions which do not include incarceration;

             (29) "Violent offense" means a violent offense as defined in RCW 9.94A.030.


             Sec. 13. RCW 13.40.0357 and 1998 c 290 s 5 are each amended to read as follows:

                                                   DESCRIPTION AND OFFENSE CATEGORY

 


juvenile disposition offense category





description (rcw citation)

juvenile disposition category for attempt, bailjump, conspiracy, or solicitation

Arson and Malicious Mischief

A

Arson 1 (9A.48.020)

B+

B

Arson 2 (9A.48.030)

C

C

Reckless Burning 1 (9A.48.040)

D

D

Reckless Burning 2 (9A.48.050)

E

B

Malicious Mischief 1 (9A.48.070)

C

C

Malicious Mischief 2 (9A.48.080)

D

D

Malicious Mischief 3 (<$50 is E class) (9A.48.090)

E

E

Tampering with Fire Alarm Apparatus (9.40.100)

E

A

Possession of Incendiary Device (9.40.120)

B+

Assault and Other Crimes

Involving Physical Harm

A

Assault 1 (9A.36.011)

B+

B+

Assault 2 (9A.36.021)

C+

C+

Assault 3 (9A.36.031)

D+

D+

Assault 4 (9A.36.041)

E

B+

Drive-By Shooting (9A.36.045)

C+

D+

Reckless Endangerment (9A.36.050)

E

C+

Promoting Suicide Attempt (9A.36.060)

D+

D+

Coercion (9A.36.070)

E

C+

Custodial Assault (9A.36.100)

D+

Burglary and Trespass

B+

Burglary 1 (9A.52.020)

C+

B

Residential Burglary (9A.52.025)

C

B

Burglary 2 (9A.52.030)

C

D

Burglary Tools (Possession of) (9A.52.060)

E

D

Criminal Trespass 1 (9A.52.070)

E

E

Criminal Trespass 2 (9A.52.080)

E

C

Vehicle Prowling 1 (9A.52.095)

D

D

Vehicle Prowling 2 (9A.52.100)

E

Drugs

E

Possession/Consumption of Alcohol (66.44.270)

E

C

Illegally Obtaining Legend Drug (69.41.020)

D

C+

Sale, Delivery, Possession of Legend Drug with Intent to Sell (69.41.030)

D+

E

Possession of Legend Drug (69.41.030)

E

B+

Violation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Sale (69.50.401(a)(1) (i) or (ii))

B+

C

Violation of Uniform Controlled Substances Act - Nonnarcotic Sale (69.50.401(a)(1)(iii))

C

E

Possession of Marihuana <40 grams (69.50.401(e))

E

C

Fraudulently Obtaining Controlled Substance (69.50.403)

C

C+

Sale of Controlled Substance for Profit (69.50.410)

C+

E

Unlawful Inhalation (9.47A.020)

E

B

Violation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Counterfeit Substances (69.50.401(b)(1) (i) or (ii))

B

C

Violation of Uniform Controlled Substances Act - Nonnarcotic Counterfeit Substances (69.50.401(b)(1) (iii), (iv), (v))

C

C

Violation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.401(d))

C

C

Violation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.401(c))

C

Firearms and Weapons

B

Theft of Firearm (9A.56.300)

C

B

Possession of Stolen Firearm (9A.56.310)

C

E

Carrying Loaded Pistol Without Permit (9.41.050)

E

C

Possession of Firearms by Minor (<18)(9.41.040(1)(b)(iii))

C

D+

Possession of Dangerous Weapon (9.41.250)

E

D

Intimidating Another Person by use of Weapon (9.41.270)

E

Homicide

A+

Murder 1 (9A.32.030)

A

A+

Murder 2 (9A.32.050)

B+

B+

Manslaughter 1 (9A.32.060)

C+

C+

Manslaughter 2 (9A.32.070)

D+

B+

Vehicular Homicide (46.61.520)

C+

Kidnapping

A

Kidnap 1 (9A.40.020)

B+

B+

Kidnap 2 (9A.40.030)

C+

C+

Unlawful Imprisonment (9A.40.040)

D+

Obstructing Governmental Operation

D

Obstructing a Law Enforcement Officer (9A.76.020)

E

E

Resisting Arrest (9A.76.040)

E

B

Introducing Contraband 1 (9A.76.140)

C

C

Introducing Contraband 2 (9A.76.150)

D

E

Introducing Contraband 3 (9A.76.160)

E

B+

Intimidating a Public Servant (9A.76.180)

C+

B+

Intimidating a Witness (9A.72.110)

C+

Public Disturbance

C+

Riot with Weapon (9A.84.010)

D+

D+

Riot Without Weapon (9A.84.010)

E

E

Failure to Disperse (9A.84.020)

E

E

Disorderly Conduct (9A.84.030)

E

Sex Crimes

A

Rape 1 (9A.44.040)

B+

A-

Rape 2 (9A.44.050)

B+

C+

Rape 3 (9A.44.060)

D+

A-

Rape of a Child 1 (9A.44.073)

B+

B+

Rape of a Child 2 (9A.44.076)

C+

B

Incest 1 (9A.64.020(1))

C

C

Incest 2 (9A.64.020(2))

D

D+

Indecent Exposure (Victim <14) (9A.88.010)

E

E

Indecent Exposure (Victim 14 or over) (9A.88.010)

E

B+

Promoting Prostitution 1 (9A.88.070)

C+

C+

Promoting Prostitution 2 (9A.88.080)

D+

E

O & A (Prostitution) (9A.88.030)

E

B+

Indecent Liberties (9A.44.100)

C+

A-

Child Molestation 1 (9A.44.083)

B+

B

Child Molestation 2 (9A.44.086)

C+

Theft, Robbery, Extortion, and Forgery

B

Theft 1 (9A.56.030)

C

C

Theft 2 (9A.56.040)

D

D

Theft 3 (9A.56.050)

E

B

Theft of Livestock (9A.56.080)

C

C

Forgery (9A.60.020)

D

A

Robbery 1 (9A.56.200)

B+

B+

Robbery 2 (9A.56.210)

C+

B+

Extortion 1 (9A.56.120)

C+

C+

Extortion 2 (9A.56.130)

D+

B

Possession of Stolen Property 1 (9A.56.150)

C

C

Possession of Stolen Property 2 (9A.56.160)

D

D

Possession of Stolen Property 3 (9A.56.170)

E

C

Taking Motor Vehicle Without Owner's Permission (9A.56.070)

D

Motor Vehicle Related Crimes

E

Driving Without a License (46.20.005)

E

C

Hit and Run - Injury (46.52.020(4))

D

D

Hit and Run-Attended (46.52.020(5))

E

E

Hit and Run-Unattended (46.52.010)

E

C

Vehicular Assault (46.61.522)

D

C

Attempting to Elude Pursuing Police Vehicle (46.61.024)

D

E

Reckless Driving (46.61.500)

E

D

Driving While Under the Influence (46.61.502 and 46.61.504)

E

Other

B

Bomb Threat (9.61.160)

C

C

Escape 11 (9A.76.110)

C

C

Escape 21 (9A.76.120)

C

D

Escape 3 (9A.76.130)

E

E

Obscene, Harassing, Etc., Phone Calls (9.61.230)

E

A

Other Offense Equivalent to an Adult Class A Felony

B+

B

Other Offense Equivalent to an Adult Class B Felony

C

C

Other Offense Equivalent to an Adult Class C Felony

D

D

Other Offense Equivalent to an Adult Gross Misdemeanor

E

E

Other Offense Equivalent to an Adult Misdemeanor

E

V

Violation of Order of Restitution, Community Supervision, or Confinement (13.40.200)2

V


 

1Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses and the standard range is established as follows:

 

             1st escape or attempted escape during 12-month period - 4 weeks confinement

             2nd escape or attempted escape during 12-month period - 8 weeks confinement

             3rd and subsequent escape or attempted escape during 12-month period - 12 weeks confinement

 

2If the court finds that a respondent has violated terms of an order, it may impose a penalty of up to 30 days of confinement.

 

JUVENILE SENTENCING STANDARDS

 

This schedule must be used for juvenile offenders. The court may select sentencing option A, B, or C.

 

OPTION A

JUVENILE OFFENDER SENTENCING GRID

STANDARD RANGE

 

 

                A+      180 WEEKS TO AGE 21 YEARS

 

                A         103 WEEKS TO 129 WEEKS

 

                A-       15-36              |52-65      |80-100    |103-129

                            WEEKS         |WEEKS |WEEKS |WEEKS

                            EXCEPT        |               |               |

                            30-40              |               |               |

                            WEEKS FOR                |               |               |

                            15-17              |               |               |

                            YEAR OLDS                |               |               |

 

Current   B+       15-36                              |52-65      |80-100    |103-129

Offense               WEEKS                         |WEEKS |WEEKS |WEEKS

Category 

                B         LOCAL                         |                               |52-65

                             SANCTIONS (LS)        |15-36 WEEKS       |WEEKS

 

                C+       LS                                                  |

                                                                                   |15-36 WEEKS

 

                C         LS                                                                  |15-36 WEEKS

                                                   Local Sanctions:                     |

                                                   0 to 30 Days 

                D+      LS                  0 to 12 Months Community Supervision

                                                   0 to 150 Hours Community ((Service)) Restitution

                D         LS                  $0 to $500 Fine

 

                E         LS 

 

                                0                  1                  2              3              4 or more


                                          PRIOR ADJUDICATIONS

 

NOTE: References in the grid to days or weeks mean periods of confinement.

          (1) The vertical axis of the grid is the current offense category. The current offense category is determined by the offense of adjudication.

          (2) The horizontal axis of the grid is the number of prior adjudications included in the juvenile's criminal history. Each prior felony adjudication shall count as one point. Each prior violation, misdemeanor, and gross misdemeanor adjudication shall count as 1/4 point. Fractional points shall be rounded down.

          (3) The standard range disposition for each offense is determined by the intersection of the column defined by the prior adjudications and the row defined by the current offense category.

          (4) RCW 13.40.180 applies if the offender is being sentenced for more than one offense.

          (5) A current offense that is a violation is equivalent to an offense category of E. However, a disposition for a violation shall not include confinement.

 

OR

 

OPTION B

CHEMICAL DEPENDENCY DISPOSITION ALTERNATIVE

 

          If the juvenile offender is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement and has not committed an A- or B+ offense, the court may impose a disposition under RCW 13.40.160(5) and 13.40.165.

 

OR

 

OPTION C

MANIFEST INJUSTICE

 

          If the court determines that a disposition under option A or B would effectuate a manifest injustice, the court shall impose a disposition outside the standard range under RCW 13.40.160(2).


          Sec. 14. RCW 13.40.080 and 1997 c 338 s 70 are each amended to read as follows:

          (1) A diversion agreement shall be a contract between a juvenile accused of an offense and a diversionary unit whereby the juvenile agrees to fulfill certain conditions in lieu of prosecution. Such agreements may be entered into only after the prosecutor, or probation counselor pursuant to this chapter, has determined that probable cause exists to believe that a crime has been committed and that the juvenile committed it. Such agreements shall be entered into as expeditiously as possible.

          (2) A diversion agreement shall be limited to one or more of the following:

          (a) Community ((service)) restitution not to exceed one hundred fifty hours, not to be performed during school hours if the juvenile is attending school;

          (b) Restitution limited to the amount of actual loss incurred by the victim;

          (c) Attendance at up to ten hours of counseling and/or up to twenty hours of educational or informational sessions at a community agency. The educational or informational sessions may include sessions relating to respect for self, others, and authority; victim awareness; accountability; self-worth; responsibility; work ethics; good citizenship; literacy; and life skills. For purposes of this section, "community agency" may also mean a community-based nonprofit organization, if approved by the diversion unit. The state shall not be liable for costs resulting from the diversionary unit exercising the option to permit diversion agreements to mandate attendance at up to ten hours of counseling and/or up to twenty hours of educational or informational sessions;

          (d) A fine, not to exceed one hundred dollars. In determining the amount of the fine, the diversion unit shall consider only the juvenile's financial resources and whether the juvenile has the means to pay the fine. The diversion unit shall not consider the financial resources of the juvenile's parents, guardian, or custodian in determining the fine to be imposed; and

          (e) Requirements to remain during specified hours at home, school, or work, and restrictions on leaving or entering specified geographical areas.

          (3) In assessing periods of community ((service)) restitution to be performed and restitution to be paid by a juvenile who has entered into a diversion agreement, the court officer to whom this task is assigned shall consult with the juvenile's custodial parent or parents or guardian and victims who have contacted the diversionary unit and, to the extent possible, involve members of the community. Such members of the community shall meet with the juvenile and advise the court officer as to the terms of the diversion agreement and shall supervise the juvenile in carrying out its terms.

          (4)(a) A diversion agreement may not exceed a period of six months and may include a period extending beyond the eighteenth birthday of the divertee.

          (b) If additional time is necessary for the juvenile to complete restitution to the victim, the time period limitations of this subsection may be extended by an additional six months.

          (c) If the juvenile has not paid the full amount of restitution by the end of the additional six-month period, then the juvenile shall be referred to the juvenile court for entry of an order establishing the amount of restitution still owed to the victim. In this order, the court shall also determine the terms and conditions of the restitution, including a payment plan extending up to ten years if the court determines that the juvenile does not have the means to make full restitution over a shorter period. For the purposes of this subsection (4)(c), the juvenile shall remain under the court's jurisdiction for a maximum term of ten years after the juvenile's eighteenth birthday. Prior to the expiration of the initial ten-year period, the juvenile court may extend the judgment for restitution an additional ten years. The court may not require the juvenile to pay full or partial restitution if the juvenile reasonably satisfies the court that he or she does not have the means to make full or partial restitution and could not reasonably acquire the means to pay the restitution over a ten-year period. The county clerk shall make disbursements to victims named in the order. The restitution to victims named in the order shall be paid prior to any payment for other penalties or monetary assessments. A juvenile under obligation to pay restitution may petition the court for modification of the restitution order.

          (5) The juvenile shall retain the right to be referred to the court at any time prior to the signing of the diversion agreement.

          (6) Divertees and potential divertees shall be afforded due process in all contacts with a diversionary unit regardless of whether the juveniles are accepted for diversion or whether the diversion program is successfully completed. Such due process shall include, but not be limited to, the following:

          (a) A written diversion agreement shall be executed stating all conditions in clearly understandable language;

          (b) Violation of the terms of the agreement shall be the only grounds for termination;

          (c) No divertee may be terminated from a diversion program without being given a court hearing, which hearing shall be preceded by:

          (i) Written notice of alleged violations of the conditions of the diversion program; and

          (ii) Disclosure of all evidence to be offered against the divertee;

          (d) The hearing shall be conducted by the juvenile court and shall include:

          (i) Opportunity to be heard in person and to present evidence;

          (ii) The right to confront and cross-examine all adverse witnesses;

          (iii) A written statement by the court as to the evidence relied on and the reasons for termination, should that be the decision; and

          (iv) Demonstration by evidence that the divertee has substantially violated the terms of his or her diversion agreement.

          (e) The prosecutor may file an information on the offense for which the divertee was diverted:

          (i) In juvenile court if the divertee is under eighteen years of age; or

          (ii) In superior court or the appropriate court of limited jurisdiction if the divertee is eighteen years of age or older.

          (7) The diversion unit shall, subject to available funds, be responsible for providing interpreters when juveniles need interpreters to effectively communicate during diversion unit hearings or negotiations.

          (8) The diversion unit shall be responsible for advising a divertee of his or her rights as provided in this chapter.

          (9) The diversion unit may refer a juvenile to community-based counseling or treatment programs.

          (10) The right to counsel shall inure prior to the initial interview for purposes of advising the juvenile as to whether he or she desires to participate in the diversion process or to appear in the juvenile court. The juvenile may be represented by counsel at any critical stage of the diversion process, including intake interviews and termination hearings. The juvenile shall be fully advised at the intake of his or her right to an attorney and of the relevant services an attorney can provide. For the purpose of this section, intake interviews mean all interviews regarding the diversion agreement process.

          The juvenile shall be advised that a diversion agreement shall constitute a part of the juvenile's criminal history as defined by RCW 13.40.020(((9))) (7). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the diversionary unit together with the diversion agreement, and a copy of both documents shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language.

          (11) When a juvenile enters into a diversion agreement, the juvenile court may receive only the following information for dispositional purposes:

          (a) The fact that a charge or charges were made;

          (b) The fact that a diversion agreement was entered into;

          (c) The juvenile's obligations under such agreement;

          (d) Whether the alleged offender performed his or her obligations under such agreement; and

          (e) The facts of the alleged offense.

          (12) A diversionary unit may refuse to enter into a diversion agreement with a juvenile. When a diversionary unit refuses to enter a diversion agreement with a juvenile, it shall immediately refer such juvenile to the court for action and shall forward to the court the criminal complaint and a detailed statement of its reasons for refusing to enter into a diversion agreement. The diversionary unit shall also immediately refer the case to the prosecuting attorney for action if such juvenile violates the terms of the diversion agreement.

          (13) A diversionary unit may, in instances where it determines that the act or omission of an act for which a juvenile has been referred to it involved no victim, or where it determines that the juvenile referred to it has no prior criminal history and is alleged to have committed an illegal act involving no threat of or instance of actual physical harm and involving not more than fifty dollars in property loss or damage and that there is no loss outstanding to the person or firm suffering such damage or loss, counsel and release or release such a juvenile without entering into a diversion agreement. A diversion unit's authority to counsel and release a juvenile under this subsection shall include the authority to refer the juvenile to community-based counseling or treatment programs. Any juvenile released under this subsection shall be advised that the act or omission of any act for which he or she had been referred shall constitute a part of the juvenile's criminal history as defined by RCW 13.40.020(((9))) (7). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the unit, and a copy of the document shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language. A juvenile determined to be eligible by a diversionary unit for release as provided in this subsection shall retain the same right to counsel and right to have his or her case referred to the court for formal action as any other juvenile referred to the unit.

          (14) A diversion unit may supervise the fulfillment of a diversion agreement entered into before the juvenile's eighteenth birthday and which includes a period extending beyond the divertee's eighteenth birthday.

          (15) If a fine required by a diversion agreement cannot reasonably be paid due to a change of circumstance, the diversion agreement may be modified at the request of the divertee and with the concurrence of the diversion unit to convert an unpaid fine into community ((service)) restitution. The modification of the diversion agreement shall be in writing and signed by the divertee and the diversion unit. The number of hours of community ((service)) restitution in lieu of a monetary penalty shall be converted at the rate of the prevailing state minimum wage per hour.

          (16) Fines imposed under this section shall be collected and paid into the county general fund in accordance with procedures established by the juvenile court administrator under RCW 13.04.040 and may be used only for juvenile services. In the expenditure of funds for juvenile services, there shall be a maintenance of effort whereby counties exhaust existing resources before using amounts collected under this section.


          Sec. 15. RCW 13.40.160 and 1997 c 338 s 25 and 1997 c 265 s 1 are each reenacted and amended to read as follows:

          (1) The standard range disposition for a juvenile adjudicated of an offense is determined according to RCW 13.40.0357.

          (a) When the court sentences an offender to a local sanction as provided in RCW 13.40.0357 option A, the court shall impose a determinate disposition within the standard ranges, except as provided in subsections (2), (4), and (5) of this section. The disposition may be comprised of one or more local sanctions.

          (b) When the court sentences an offender to a standard range as provided in RCW 13.40.0357 option A that includes a term of confinement exceeding thirty days, commitment shall be to the department for the standard range of confinement, except as provided in subsections (2), (4), and (5) of this section.

          (2) If the court concludes, and enters reasons for its conclusion, that disposition within the standard range would effectuate a manifest injustice the court shall impose a disposition outside the standard range, as indicated in option C of RCW 13.40.0357. The court's finding of manifest injustice shall be supported by clear and convincing evidence.

          A disposition outside the standard range shall be determinate and shall be comprised of confinement or community supervision, or a combination thereof. When a judge finds a manifest injustice and imposes a sentence of confinement exceeding thirty days, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030(2) shall be used to determine the range. A disposition outside the standard range is appealable under RCW 13.40.230 by the state or the respondent. A disposition within the standard range is not appealable under RCW 13.40.230.

          (3) Where a respondent is found to have committed an offense for which the respondent declined to enter into a diversion agreement, the court shall impose a term of community supervision limited to the conditions allowed in a diversion agreement as provided in RCW 13.40.080(2).

          (4) When a juvenile offender is found to have committed a sex offense, other than a sex offense that is also a serious violent offense as defined by RCW 9.94A.030, and has no history of a prior sex offense, the court, on its own motion or the motion of the state or the respondent, may order an examination to determine whether the respondent is amenable to treatment.

          The report of the examination shall include at a minimum the following: The respondent's version of the facts and the official version of the facts, the respondent's offense history, an assessment of problems in addition to alleged deviant behaviors, the respondent's social, educational, and employment situation, and other evaluation measures used. The report shall set forth the sources of the evaluator's information.

          The examiner shall assess and report regarding the respondent's amenability to treatment and relative risk to the community. A proposed treatment plan shall be provided and shall include, at a minimum:

          (a)(i) Frequency and type of contact between the offender and therapist;

          (ii) Specific issues to be addressed in the treatment and description of planned treatment modalities;

          (iii) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members, legal guardians, or others;

          (iv) Anticipated length of treatment; and

          (v) Recommended crime-related prohibitions.

          The court on its own motion may order, or on a motion by the state shall order, a second examination regarding the offender's amenability to treatment. The evaluator shall be selected by the party making the motion. The defendant shall pay the cost of any second examination ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost.

          After receipt of reports of the examination, the court shall then consider whether the offender and the community will benefit from use of this special sex offender disposition alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this section. If the court determines that this special sex offender disposition alternative is appropriate, then the court shall impose a determinate disposition within the standard range for the offense, or if the court concludes, and enters reasons for its conclusions, that such disposition would cause a manifest injustice, the court shall impose a disposition under option C, and the court may suspend the execution of the disposition and place the offender on community supervision for at least two years. As a condition of the suspended disposition, the court may impose the conditions of community supervision and other conditions, including up to thirty days of confinement and requirements that the offender do any one or more of the following:

          (b)(i) Devote time to a specific education, employment, or occupation;

          (ii) Undergo available outpatient sex offender treatment for up to two years, or inpatient sex offender treatment not to exceed the standard range of confinement for that offense. A community mental health center may not be used for such treatment unless it has an appropriate program designed for sex offender treatment. The respondent shall not change sex offender treatment providers or treatment conditions without first notifying the prosecutor, the probation counselor, and the court, and shall not change providers without court approval after a hearing if the prosecutor or probation counselor object to the change;

          (iii) Remain within prescribed geographical boundaries and notify the court or the probation counselor prior to any change in the offender's address, educational program, or employment;

          (iv) Report to the prosecutor and the probation counselor prior to any change in a sex offender treatment provider. This change shall have prior approval by the court;

          (v) Report as directed to the court and a probation counselor;

          (vi) Pay all court-ordered legal financial obligations, perform community ((service)) restitution, or any combination thereof;

          (vii) Make restitution to the victim for the cost of any counseling reasonably related to the offense;

          (viii) Comply with the conditions of any court-ordered probation bond; or

          (ix) The court shall order that the offender may not attend the public or approved private elementary, middle, or high school attended by the victim or the victim's siblings. The parents or legal guardians of the offender are responsible for transportation or other costs associated with the offender's change of school that would otherwise be paid by the school district. The court shall send notice of the disposition and restriction on attending the same school as the victim or victim's siblings to the public or approved private school the juvenile will attend, if known, or if unknown, to the approved private schools and the public school district board of directors of the district in which the juvenile resides or intends to reside. This notice must be sent at the earliest possible date but not later than ten calendar days after entry of the disposition.

          The sex offender treatment provider shall submit quarterly reports on the respondent's progress in treatment to the court and the parties. The reports shall reference the treatment plan and include at a minimum the following: Dates of attendance, respondent's compliance with requirements, treatment activities, the respondent's relative progress in treatment, and any other material specified by the court at the time of the disposition.

          At the time of the disposition, the court may set treatment review hearings as the court considers appropriate.

          Except as provided in this subsection (4), after July 1, 1991, examinations and treatment ordered pursuant to this subsection shall only be conducted by sex offender treatment providers certified by the department of health pursuant to chapter 18.155 RCW. A sex offender therapist who examines or treats a juvenile sex offender pursuant to this subsection does not have to be certified by the department of health pursuant to chapter 18.155 RCW if the court finds that: (A) The offender has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements; (B) no certified providers are available for treatment within a reasonable geographical distance of the offender's home; and (C) the evaluation and treatment plan comply with this subsection (4) and the rules adopted by the department of health.

          If the offender violates any condition of the disposition or the court finds that the respondent is failing to make satisfactory progress in treatment, the court may revoke the suspension and order execution of the disposition or the court may impose a penalty of up to thirty days' confinement for violating conditions of the disposition. The court may order both execution of the disposition and up to thirty days' confinement for the violation of the conditions of the disposition. The court shall give credit for any confinement time previously served if that confinement was for the offense for which the suspension is being revoked.

          For purposes of this section, "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged. "Victim" may also include a known parent or guardian of a victim who is a minor child unless the parent or guardian is the perpetrator of the offense.

          A disposition entered under this subsection (4) is not appealable under RCW 13.40.230.

          (5) If the juvenile offender is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement and has not committed an A- or B+ offense, the court may impose the disposition alternative under RCW 13.40.165.

          (6) RCW 13.40.193 shall govern the disposition of any juvenile adjudicated of possessing a firearm in violation of RCW 9.41.040(1)(b)(iii) or any crime in which a special finding is entered that the juvenile was armed with a firearm.

          (7) Whenever a juvenile offender is entitled to credit for time spent in detention prior to a dispositional order, the dispositional order shall specifically state the number of days of credit for time served.

          (8) Except as provided under subsection (4) or (5) of this section or RCW 13.40.127, the court shall not suspend or defer the imposition or the execution of the disposition.

          (9) In no case shall the term of confinement imposed by the court at disposition exceed that to which an adult could be subjected for the same offense.


          Sec. 16. RCW 13.40.165 and 1997 c 338 s 26 are each amended to read as follows:

          (1) When a juvenile offender is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement and has not committed an A- or B+ offense, the court, on its own motion or the motion of the state or the respondent if the evidence shows that the offender may be chemically dependent, may order an examination by a chemical dependency counselor from a chemical dependency treatment facility approved under chapter 70.96A RCW to determine if the youth is chemically dependent and amenable to treatment.

          (2) The report of the examination shall include at a minimum the following: The respondent's version of the facts and the official version of the facts, the respondent's offense history, an assessment of drug-alcohol problems and previous treatment attempts, the respondent's social, educational, and employment situation, and other evaluation measures used. The report shall set forth the sources of the examiner's information.

          (3) The examiner shall assess and report regarding the respondent's amenability to treatment and relative risk to the community. A proposed treatment plan shall be provided and shall include, at a minimum:

          (a) Whether inpatient and/or outpatient treatment is recommended;

          (b) Availability of appropriate treatment;

          (c) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members, legal guardians, or others;

          (d) Anticipated length of treatment;

          (e) Recommended crime-related prohibitions; and

          (f) Whether the respondent is amenable to treatment.

          (4) The court on its own motion may order, or on a motion by the state shall order, a second examination regarding the offender's amenability to treatment. The evaluator shall be selected by the party making the motion. The defendant shall pay the cost of any examination ordered under this subsection (4) or subsection (1) of this section unless the court finds that the offender is indigent and no third party insurance coverage is available, in which case the state shall pay the cost.

          (5)(a) After receipt of reports of the examination, the court shall then consider whether the offender and the community will benefit from use of this chemical dependency disposition alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this section.

          (b) If the court determines that this chemical dependency disposition alternative is appropriate, then the court shall impose the standard range for the offense, suspend execution of the disposition, and place the offender on community supervision for up to one year. As a condition of the suspended disposition, the court shall require the offender to undergo available outpatient drug/alcohol treatment and/or inpatient drug/alcohol treatment. For purposes of this section, the sum of confinement time and inpatient treatment may not exceed ninety days. As a condition of the suspended disposition, the court may impose conditions of community supervision and other sanctions, including up to thirty days of confinement, one hundred fifty hours of community ((service)) restitution, and payment of legal financial obligations and restitution.

          (6) The drug/alcohol treatment provider shall submit monthly reports on the respondent's progress in treatment to the court and the parties. The reports shall reference the treatment plan and include at a minimum the following: Dates of attendance, respondent's compliance with requirements, treatment activities, the respondent's relative progress in treatment, and any other material specified by the court at the time of the disposition.

          At the time of the disposition, the court may set treatment review hearings as the court considers appropriate.

          If the offender violates any condition of the disposition or the court finds that the respondent is failing to make satisfactory progress in treatment, the court may revoke the suspension and order execution of the disposition. The court shall give credit for any confinement time previously served if that confinement was for the offense for which the suspension is being revoked.

          (7) For purposes of this section, "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the offense charged.

          (8) Whenever a juvenile offender is entitled to credit for time spent in detention prior to a dispositional order, the dispositional order shall specifically state the number of days of credit for time served.

          (9) In no case shall the term of confinement imposed by the court at disposition exceed that to which an adult could be subjected for the same offense.

          (10) A disposition under this section is not appealable under RCW 13.40.230.


          Sec. 17. RCW 13.40.180 and 1981 c 299 s 14 are each amended to read as follows:

          Where a disposition is imposed on a youth for two or more offenses, the terms shall run consecutively, subject to the following limitations:

          (1) Where the offenses were committed through a single act or omission, omission, or through an act or omission which in itself constituted one of the offenses and also was an element of the other, the aggregate of all the terms shall not exceed one hundred fifty percent of the term imposed for the most serious offense;

          (2) The aggregate of all consecutive terms shall not exceed three hundred percent of the term imposed for the most serious offense; and

          (3) The aggregate of all consecutive terms of community supervision shall not exceed two years in length, or require payment of more than two hundred dollars in fines or the performance of more than two hundred hours of community ((service)) restitution.


          Sec. 18. RCW 13.40.200 and 1997 c 338 s 31 are each amended to read as follows:

          (1) When a respondent fails to comply with an order of restitution, community supervision, penalty assessments, or confinement of less than thirty days, the court upon motion of the prosecutor or its own motion, may modify the order after a hearing on the violation.

          (2) The hearing shall afford the respondent the same due process of law as would be afforded an adult probationer. The court may issue a summons or a warrant to compel the respondent's appearance. The state shall have the burden of proving by a preponderance of the evidence the fact of the violation. The respondent shall have the burden of showing that the violation was not a willful refusal to comply with the terms of the order. If a respondent has failed to pay a fine, penalty assessments, or restitution or to perform community ((service)) restitution hours, as required by the court, it shall be the respondent's burden to show that he or she did not have the means and could not reasonably have acquired the means to pay the fine, penalty assessments, or restitution or perform community ((service)) restitution.

          (3) If the court finds that a respondent has willfully violated the terms of an order pursuant to subsections (1) and (2) of this section, it may impose a penalty of up to thirty days' confinement. Penalties for multiple violations occurring prior to the hearing shall not be aggregated to exceed thirty days' confinement. Regardless of the number of times a respondent is brought to court for violations of the terms of a single disposition order, the combined total number of days spent by the respondent in detention shall never exceed the maximum term to which an adult could be sentenced for the underlying offense.

          (4) If a respondent has been ordered to pay a fine or monetary penalty and due to a change of circumstance cannot reasonably comply with the order, the court, upon motion of the respondent, may order that the unpaid fine or monetary penalty be converted to community ((service)) restitution. The number of hours of community ((service)) restitution in lieu of a monetary penalty or fine shall be converted at the rate of the prevailing state minimum wage per hour. The monetary penalties or fines collected shall be deposited in the county general fund. A failure to comply with an order under this subsection shall be deemed a failure to comply with an order of community supervision and may be proceeded against as provided in this section.

          (5) When a respondent has willfully violated the terms of a probation bond, the court may modify, revoke, or retain the probation bond as provided in RCW 13.40.054.


          Sec. 19. RCW 13.40.205 and 1990 c 3 s 103 are each amended to read as follows:

          (1) A juvenile sentenced to a term of confinement to be served under the supervision of the department shall not be released from the physical custody of the department prior to the release date established under RCW 13.40.210 except as otherwise provided in this section.

          (2) A juvenile serving a term of confinement under the supervision of the department may be released on authorized leave from the physical custody of the department only if consistent with public safety and if:

          (a) Sixty percent of the minimum term of confinement has been served; and

          (b) The purpose of the leave is to enable the juvenile:

          (i) To visit the juvenile's family for the purpose of strengthening or preserving family relationships;

          (ii) To make plans for parole or release which require the juvenile's personal appearance in the community and which will facilitate the juvenile's reintegration into the community; or

          (iii) To make plans for a residential placement out of the juvenile's home which requires the juvenile's personal appearance in the community.

          (3) No authorized leave may exceed seven consecutive days. The total of all pre-minimum term authorized leaves granted to a juvenile prior to final discharge from confinement shall not exceed thirty days.

          (4) Prior to authorizing a leave, the secretary shall require a written leave plan, which shall detail the purpose of the leave and how it is to be achieved, the address at which the juvenile shall reside, the identity of the person responsible for supervising the juvenile during the leave, and a statement by such person acknowledging familiarity with the leave plan and agreeing to supervise the juvenile and to notify the secretary immediately if the juvenile violates any terms or conditions of the leave. The leave plan shall include such terms and conditions as the secretary deems appropriate and shall be signed by the juvenile.

          (5) Upon authorizing a leave, the secretary shall issue to the juvenile an authorized leave order which shall contain the name of the juvenile, the fact that the juvenile is on leave from a designated facility, the time period of the leave, and the identity of an appropriate official of the department to contact when necessary. The authorized leave order shall be carried by the juvenile at all times while on leave.

          (6) Prior to the commencement of any authorized leave, the secretary shall give notice of the leave to the appropriate law enforcement agency in the jurisdiction in which the juvenile will reside during the leave period. The notice shall include the identity of the juvenile, the time period of the leave, the residence of the juvenile during the leave, and the identity of the person responsible for supervising the juvenile during the leave.

          (7) The secretary may authorize a leave, which shall not exceed forty-eight hours plus travel time, to meet an emergency situation such as a death or critical illness of a member of the juvenile's family. The secretary may authorize a leave, which shall not exceed the period of time medically necessary, to obtain medical care not available in a juvenile facility maintained by the department. In cases of emergency or medical leave the secretary may waive all or any portions of subsections (2)(a), (3), (4), (5), and (6) of this section.

          (8) If requested by the juvenile's victim or the victim's immediate family, the secretary shall give notice of any leave to the victim or the victim's immediate family.

          (9) A juvenile who violates any condition of an authorized leave plan may be taken into custody and returned to the department in the same manner as an adult in identical circumstances.

          (10) Notwithstanding the provisions of this section, a juvenile placed in minimum security status may participate in work, educational, community ((service)) restitution, or treatment programs in the community up to twelve hours a day if approved by the secretary. Such a release shall not be deemed a leave of absence.

          (11) Subsections (6), (7), and (8) of this section do not apply to juveniles covered by RCW 13.40.215.


          Sec. 20. RCW 13.40.210 and 1997 c 338 s 32 are each amended to read as follows:

          (1) The secretary shall, except in the case of a juvenile committed by a court to a term of confinement in a state institution outside the appropriate standard range for the offense(s) for which the juvenile was found to be guilty established pursuant to RCW 13.40.030, set a release or discharge date for each juvenile committed to its custody. The release or discharge date shall be within the prescribed range to which a juvenile has been committed except as provided in RCW 13.40.320 concerning offenders the department determines are eligible for the juvenile offender basic training camp program. Such dates shall be determined prior to the expiration of sixty percent of a juvenile's minimum term of confinement included within the prescribed range to which the juvenile has been committed. The secretary shall release any juvenile committed to the custody of the department within four calendar days prior to the juvenile's release date or on the release date set under this chapter. Days spent in the custody of the department shall be tolled by any period of time during which a juvenile has absented himself or herself from the department's supervision without the prior approval of the secretary or the secretary's designee.

          (2) The secretary shall monitor the average daily population of the state's juvenile residential facilities. When the secretary concludes that in-residence population of residential facilities exceeds one hundred five percent of the rated bed capacity specified in statute, or in absence of such specification, as specified by the department in rule, the secretary may recommend reductions to the governor. On certification by the governor that the recommended reductions are necessary, the secretary has authority to administratively release a sufficient number of offenders to reduce in-residence population to one hundred percent of rated bed capacity. The secretary shall release those offenders who have served the greatest proportion of their sentence. However, the secretary may deny release in a particular case at the request of an offender, or if the secretary finds that there is no responsible custodian, as determined by the department, to whom to release the offender, or if the release of the offender would pose a clear danger to society. The department shall notify the committing court of the release at the time of release if any such early releases have occurred as a result of excessive in-residence population. In no event shall an offender adjudicated of a violent offense be granted release under the provisions of this subsection.

          (3)(a) Following the juvenile's release under subsection (1) of this section, the secretary may require the juvenile to comply with a program of parole to be administered by the department in his or her community which shall last no longer than eighteen months, except that in the case of a juvenile sentenced for rape in the first or second degree, rape of a child in the first or second degree, child molestation in the first degree, or indecent liberties with forcible compulsion, the period of parole shall be twenty-four months and, in the discretion of the secretary, may be up to thirty-six months when the secretary finds that an additional period of parole is necessary and appropriate in the interests of public safety or to meet the ongoing needs of the juvenile. A parole program is mandatory for offenders released under subsection (2) of this section. The decision to place an offender on parole shall be based on an assessment by the department of the offender's risk for reoffending upon release. The department shall prioritize available parole resources to provide supervision and services to offenders at moderate to high risk for reoffending.

          (b) The secretary shall, for the period of parole, facilitate the juvenile's reintegration into his or her community and to further this goal shall require the juvenile to refrain from possessing a firearm or using a deadly weapon and refrain from committing new offenses and may require the juvenile to: (i) Undergo available medical, psychiatric, drug and alcohol, sex offender, mental health, and other offense-related treatment services; (ii) report as directed to a parole officer and/or designee; (iii) pursue a course of study, vocational training, or employment; (iv) notify the parole officer of the current address where he or she resides; (v) be present at a particular address during specified hours; (vi) remain within prescribed geographical boundaries; (vii) submit to electronic monitoring; (viii) refrain from using illegal drugs and alcohol, and submit to random urinalysis when requested by the assigned parole officer; (ix) refrain from contact with specific individuals or a specified class of individuals; (x) meet other conditions determined by the parole officer to further enhance the juvenile's reintegration into the community; (xi) pay any court-ordered fines or restitution; and (xii) perform community ((service)) restitution. Community ((service)) restitution for the purpose of this section means compulsory service, without compensation, performed for the benefit of the community by the offender. Community ((service)) restitution may be performed through public or private organizations or through work crews.

          (c) The secretary may further require up to twenty-five percent of the highest risk juvenile offenders who are placed on parole to participate in an intensive supervision program. Offenders participating in an intensive supervision program shall be required to comply with all terms and conditions listed in (b) of this subsection and shall also be required to comply with the following additional terms and conditions: (i) Obey all laws and refrain from any conduct that threatens public safety; (ii) report at least once a week to an assigned community case manager; and (iii) meet all other requirements imposed by the community case manager related to participating in the intensive supervision program. As a part of the intensive supervision program, the secretary may require day reporting.

          (d) After termination of the parole period, the juvenile shall be discharged from the department's supervision.

          (4)(a) The department may also modify parole for violation thereof. If, after affording a juvenile all of the due process rights to which he or she would be entitled if the juvenile were an adult, the secretary finds that a juvenile has violated a condition of his or her parole, the secretary shall order one of the following which is reasonably likely to effectuate the purpose of the parole and to protect the public: (i) Continued supervision under the same conditions previously imposed; (ii) intensified supervision with increased reporting requirements; (iii) additional conditions of supervision authorized by this chapter; (iv) except as provided in (a)(v) of this subsection, imposition of a period of confinement not to exceed thirty days in a facility operated by or pursuant to a contract with the state of Washington or any city or county for a portion of each day or for a certain number of days each week with the balance of the days or weeks spent under supervision; and (v) the secretary may order any of the conditions or may return the offender to confinement for the remainder of the sentence range if the offense for which the offender was sentenced is rape in the first or second degree, rape of a child in the first or second degree, child molestation in the first degree, indecent liberties with forcible compulsion, or a sex offense that is also a serious violent offense as defined by RCW 9.94A.030.

          (b) If the department finds that any juvenile in a program of parole has possessed a firearm or used a deadly weapon during the program of parole, the department shall modify the parole under (a) of this subsection and confine the juvenile for at least thirty days. Confinement shall be in a facility operated by or pursuant to a contract with the state or any county.

          (5) A parole officer of the department of social and health services shall have the power to arrest a juvenile under his or her supervision on the same grounds as a law enforcement officer would be authorized to arrest the person.

          (6) If so requested and approved under chapter 13.06 RCW, the secretary shall permit a county or group of counties to perform functions under subsections (3) through (5) of this section.


          Sec. 21. RCW 13.40.250 and 1997 c 338 s 36 are each amended to read as follows:

          A traffic or civil infraction case involving a juvenile under the age of sixteen may be diverted in accordance with the provisions of this chapter or filed in juvenile court.

          (1) If a notice of a traffic or civil infraction is filed in juvenile court, the juvenile named in the notice shall be afforded the same due process afforded to adult defendants in traffic infraction cases.

          (2) A monetary penalty imposed upon a juvenile under the age of sixteen who is found to have committed a traffic or civil infraction may not exceed one hundred dollars. At the juvenile's request, the court may order performance of a number of hours of community ((service)) restitution in lieu of a monetary penalty, at the rate of the prevailing state minimum wage per hour.

          (3) A diversion agreement entered into by a juvenile referred pursuant to this section shall be limited to thirty hours of community ((service)) restitution, or educational or informational sessions.

          (4) If a case involving the commission of a traffic or civil infraction or offense by a juvenile under the age of sixteen has been referred to a diversion unit, an abstract of the action taken by the diversion unit may be forwarded to the department of licensing in the manner provided for in RCW 46.20.270(2).


          Sec. 22. RCW 28A.225.090 and 1998 c 296 s 39 are each amended to read as follows:

          (1) A court may order a child subject to a petition under RCW 28A.225.035 to:

          (a) Attend the child's current school;

          (b) If there is space available and the program can provide educational services appropriate for the child, order the child to attend another public school, an alternative education program, center, a skill center, dropout prevention program, or another public educational program;

          (c) Attend a private nonsectarian school or program including an education center. Before ordering a child to attend an approved or certified private nonsectarian school or program, the court shall: (i) Consider the public and private programs available; (ii) find that placement is in the best interest of the child; and (iii) find that the private school or program is willing to accept the child and will not charge any fees in addition to those established by contract with the student's school district. If the court orders the child to enroll in a private school or program, the child's school district shall contract with the school or program to provide educational services for the child. The school district shall not be required to contract for a weekly rate that exceeds the state general apportionment dollars calculated on a weekly basis generated by the child and received by the district. A school district shall not be required to enter into a contract that is longer than the remainder of the school year. A school district shall not be required to enter into or continue a contract if the child is no longer enrolled in the district;

          (d) Be referred to a community truancy board, if available; or

          (e) Submit to testing for the use of controlled substances or alcohol based on a determination that such testing is appropriate to the circumstances and behavior of the child and will facilitate the child's compliance with the mandatory attendance law.

          (2) If the child fails to comply with the court order, the court may order the child to be punished by detention, as provided in RCW 7.21.030(2)(e), or may impose alternatives to detention such as community ((service)) restitution. Failure by a child to comply with an order issued under this subsection shall not be punishable by detention for a period greater than that permitted pursuant to a civil contempt proceeding against a child under chapter 13.32A RCW.

          (3) Any parent violating any of the provisions of either RCW 28A.225.010 or 28A.225.080 shall be fined not more than twenty-five dollars for each day of unexcused absence from school. It shall be a defense for a parent charged with violating RCW 28A.225.010 to show that he or she exercised reasonable diligence in attempting to cause a child in his or her custody to attend school or that the child's school did not perform its duties as required in RCW 28A.225.020. The court may order the parent to provide community ((service)) restitution instead of imposing a fine. Any fine imposed pursuant to this section may be suspended upon the condition that a parent charged with violating RCW 28A.225.010 shall participate with the school and the child in a supervised plan for the child's attendance at school or upon condition that the parent attend a conference or conferences scheduled by a school for the purpose of analyzing the causes of a child's absence.


          Sec. 23. RCW 35.21.209 and 1984 c 24 s 1 are each amended to read as follows:

          The legislative authority of a city or town may purchase liability insurance in an amount it deems reasonable to protect the city or town, its officers, and employees against liability for the wrongful acts of offenders or injury or damage incurred by offenders in the course of court-ordered community ((service)) restitution, and may elect to treat offenders as employees and/or workers under Title 51 RCW.


          Sec. 24. RCW 35A.21.220 and 1984 c 24 s 2 are each amended to read as follows:

          The legislative authority of a code city may purchase liability insurance in an amount it deems reasonable to protect the code city, its officers, and employees against liability for the wrongful acts of offenders or injury or damage incurred by offenders in the course of court-ordered community ((service)) restitution, and may elect to treat offenders as employees and/or workers under Title 51 RCW.


          Sec. 25. RCW 36.16.139 and 1984 c 24 s 3 are each amended to read as follows:

          The legislative authority of a county may purchase liability insurance in an amount it deems reasonable to protect the county, its officers, and employees against liability for the wrongful acts of offenders or injury or damage incurred by offenders in the course of community ((service)) restitution imposed by court order or pursuant to RCW 13.40.080. The legislative authority of a county may elect to treat offenders as employees and/or workers under Title 51 RCW.


          Sec. 26. RCW 43.51.048 and 1996 c 263 s 3 are each amended to read as follows:

          (1) The commission shall establish a policy and procedures for supervising and evaluating community ((service)) restitution activities that may be imposed under RCW 70.93.060(3) including a description of what constitutes satisfactory completion of community ((service)) restitution.

          (2) The commission shall inform each state park of the policy and procedures regarding community ((service)) restitution activities, and each state park shall then notify the commission as to whether or not the park elects to participate in the community ((service)) restitution program. The commission shall transmit a list notifying the district courts of each state park that elects to participate.


          Sec. 27. RCW 46.16.381 and 1998 c 294 s 1 are each amended to read as follows:

          (1) The director shall grant special parking privileges to any person who has a disability that limits or impairs the ability to walk and meets one of the following criteria, as determined by a licensed physician:

          (a) Cannot walk two hundred feet without stopping to rest;

          (b) Is severely limited in ability to walk due to arthritic, neurological, or orthopedic condition;

          (c) Is so severely disabled, that the person cannot walk without the use of or assistance from a brace, cane, another person, prosthetic device, wheelchair, or other assistive device;

          (d) Uses portable oxygen;

          (e) Is restricted by lung disease to such an extent that forced expiratory respiratory volume, when measured by spirometry is less than one liter per second or the arterial oxygen tension is less than sixty mm/hg on room air at rest;

          (f) Impairment by cardiovascular disease or cardiac condition to the extent that the person's functional limitations are classified as class III or IV under standards accepted by the American Heart Association; or

          (g) Has a disability resulting from an acute sensitivity to automobile emissions which limits or impairs the ability to walk. The personal physician of the applicant shall document that the disability is comparable in severity to the others listed in this subsection.

          (2) The applications for disabled parking permits and temporary disabled parking permits are official state documents. Knowingly providing false information in conjunction with the application is a gross misdemeanor punishable under chapter 9A.20 RCW. The following statement must appear on each application form immediately below the physician's signature and immediately below the applicant's signature: "A disabled parking permit may be issued only for a medical necessity that severely affects mobility (RCW 46.16.381). Knowingly providing false information on this application is a gross misdemeanor. The penalty is up to one year in jail and a fine of up to $5,000 or both."

          (3) Persons who qualify for special parking privileges are entitled to receive from the department of licensing a removable windshield placard bearing the international symbol of access and an individual serial number, along with a special identification card bearing the photograph, name, and date of birth of the person to whom the placard is issued, and the placard's serial number. The department shall design the placard to be displayed when the vehicle is parked by suspending it from the rearview mirror, or in the absence of a rearview mirror the card may be displayed on the dashboard of any vehicle used to transport the disabled person. Instead of regular motor vehicle license plates, disabled persons are entitled to receive special license plates bearing the international symbol of access for one vehicle registered in the disabled person's name. Disabled persons who are not issued the special license plates are entitled to receive a second special placard upon submitting a written request to the department. Persons who have been issued the parking privileges and who are using a vehicle or are riding in a vehicle displaying the special license plates or placard may park in places reserved for mobility disabled persons. The director shall adopt rules providing for the issuance of special placards and license plates to public transportation authorities, nursing homes licensed under chapter 18.51 RCW, boarding homes licensed under chapter 18.20 RCW, senior citizen centers, private nonprofit agencies as defined in chapter 24.03 RCW, and vehicles registered with the department as cabulances that regularly transport disabled persons who have been determined eligible for special parking privileges provided under this section. The director may issue special license plates for a vehicle registered in the name of the public transportation authority, nursing home, boarding homes, senior citizen center, private nonprofit agency, or cabulance service if the vehicle is primarily used to transport persons with disabilities described in this section. Public transportation authorities, nursing homes, boarding homes, senior citizen centers, private nonprofit agencies, and cabulance services are responsible for insuring that the special placards and license plates are not used improperly and are responsible for all fines and penalties for improper use.

          (4) Whenever the disabled person transfers or assigns his or her interest in the vehicle, the special license plates shall be removed from the motor vehicle. If another vehicle is acquired by the disabled person and the vehicle owner qualifies for a special plate, the plate shall be attached to the vehicle, and the director shall be immediately notified of the transfer of the plate. If another vehicle is not acquired by the disabled person, the removed plate shall be immediately surrendered to the director.

          (5) The special license plate shall be renewed in the same manner and at the time required for the renewal of regular motor vehicle license plates under this chapter. No special license plate may be issued to a person who is temporarily disabled. A person who has a condition expected to improve within six months may be issued a temporary placard for a period not to exceed six months. If the condition exists after six months a new temporary placard shall be issued upon receipt of a new certification from the disabled person's physician. The permanent parking placard and photo identification card of a disabled person shall be renewed at least every five years, as required by the director, by satisfactory proof of the right to continued use of the privileges. In the event of the permit holder's death, the parking placard and photo identification card must be immediately surrendered to the department. The department shall match and purge its disabled permit data base with available death record information at least every twelve months.

          (6) Each person who has been issued a permanent disabled parking permit on or before July 1, 1998, must renew the permit no later than July 1, 2003, subject to a schedule to be set by the department, or the permit will expire.

          (7) Additional fees shall not be charged for the issuance of the special placards or the photo identification cards. No additional fee may be charged for the issuance of the special license plates except the regular motor vehicle registration fee and any other fees and taxes required to be paid upon registration of a motor vehicle.

          (8) Any unauthorized use of the special placard, special license plate, or photo identification card is a traffic infraction with a monetary penalty of two hundred fifty dollars.

          (9) It is a parking infraction, with a monetary penalty of two hundred fifty dollars for a person to make inaccessible the access aisle located next to a space reserved for physically disabled persons. The clerk of the court shall report all violations related to this subsection to the department.

          (10) It is a parking infraction, with a monetary penalty of two hundred fifty dollars for any person to park a vehicle in a parking place provided on private property without charge or on public property reserved for physically disabled persons without a special license plate or placard. If a person is charged with a violation, the person shall not be determined to have committed an infraction if the person produces in court or before the court appearance the special license plate or placard required under this section. A local jurisdiction providing nonmetered, on-street parking places reserved for physically disabled persons may impose by ordinance time restrictions of no less than four hours on the use of these parking places. A local jurisdiction may impose by ordinance time restrictions of no less than four hours on the use of nonreserved, on-street parking spaces by vehicles displaying the special parking placards. All time restrictions must be clearly posted.

          (11) The penalties imposed under subsections (9) and (10) of this section shall be used by that local jurisdiction exclusively for law enforcement. The court may also impose an additional penalty sufficient to reimburse the local jurisdiction for any costs it may have incurred in removal and storage of the improperly parked vehicle.

          (12) Except as provided by subsection (2) of this section, it is a traffic infraction with a monetary penalty of two hundred fifty dollars for any person willfully to obtain a special license plate, placard, or photo identification card in a manner other than that established under this section.

          (13)(a) A law enforcement agency authorized to enforce parking laws may appoint volunteers, with a limited commission, to issue notices of infractions for violations of this section or RCW 46.61.581. Volunteers must be at least twenty-one years of age. The law enforcement agency appointing volunteers may establish any other qualifications the agency deems desirable.

          (b) An agency appointing volunteers under this section must provide training to the volunteers before authorizing them to issue notices of infractions.

          (c) A notice of infraction issued by a volunteer appointed under this subsection has the same force and effect as a notice of infraction issued by a police officer for the same offense.

          (d) A police officer or a volunteer may request a person to show the person's photo identification card or special parking placard when investigating the possibility of a violation of this section. If the request is refused, the person in charge of the vehicle may be issued a notice of infraction for a violation of this section.

          (14) For second or subsequent violations of this section, in addition to a monetary fine, the violator must complete a minimum of forty hours of:

          (a) Community ((service)) restitution for a nonprofit organization that serves the disabled community or persons having disabling diseases; or

          (b) Any other community ((service)) restitution that may sensitize the violator to the needs and obstacles faced by persons who have disabilities.

          (15) The court may not suspend more than one-half of any fine imposed under subsection (8), (9), (10), or (12) of this section.


          Sec. 28. RCW 46.20.031 and 1995 c 219 s 1 are each amended to read as follows:

          The department shall not issue a driver's license hereunder:

          (1) To any person who is under the age of sixteen years;

          (2) To any person whose license has been suspended during such suspension, nor to any person whose license has been revoked, except as provided in RCW 46.20.311;

          (3) To any person who has been evaluated by a program approved by the department of social and health services as being an alcoholic, drug addict, alcohol abuser, and/or drug abuser: PROVIDED, That a license may be issued if the department determines that such person has been granted a deferred prosecution, pursuant to chapter 10.05 RCW, or is satisfactorily participating in or has successfully completed an alcohol or drug abuse treatment program approved by the department of social and health services and has established control of his or her alcohol and/or drug abuse problem;

          (4) To any person who has previously been adjudged to be mentally ill or insane, or to be incompetent due to any mental disability or disease, and who has not at the time of application been restored to competency by the methods provided by law: PROVIDED, HOWEVER, That no person so adjudged shall be denied a license for such cause if the superior court should find him able to operate a motor vehicle with safety upon the highways during such incompetency;

          (5) To any person who is required by this chapter to take an examination, unless such person shall have successfully passed such examination;

          (6) To any person who is required under the laws of this state to deposit proof of financial responsibility and who has not deposited such proof;

          (7) To any person when the department has good and substantial evidence to reasonably conclude that such person by reason of physical or mental disability would not be able to operate a motor vehicle with safety upon the highways; subject to review by a court of competent jurisdiction;

          (8) To a person when the department has been notified by a court that the person has violated his or her written promise to appear, respond, or comply regarding a notice of infraction issued for a violation of RCW 46.55.105, unless the department has received notice from the court showing that the person has been found not to have committed the violation of RCW 46.55.105, or that the person has paid all monetary penalties owing, including completion of community ((service)) restitution, and that the court is satisfied that the person has made restitution as provided by RCW 46.55.105(2).


          Sec. 29. RCW 46.30.020 and 1991 sp.s. c 25 s 1 are each amended to read as follows:

          (1)(a) No person may operate a motor vehicle subject to registration under chapter 46.16 RCW in this state unless the person is insured under a motor vehicle liability policy with liability limits of at least the amounts provided in RCW 46.29.090, is self-insured as provided in RCW 46.29.630, is covered by a certificate of deposit in conformance with RCW 46.29.550, or is covered by a liability bond of at least the amounts provided in RCW 46.29.090. Written proof of financial responsibility for motor vehicle operation must be provided on the request of a law enforcement officer in the format specified under RCW 46.30.030.

          (b) A person who drives a motor vehicle that is required to be registered in another state that requires drivers and owners of vehicles in that state to maintain insurance or financial responsibility shall, when requested by a law enforcement officer, provide evidence of financial responsibility or insurance as is required by the laws of the state in which the vehicle is registered.

          (c) When asked to do so by a law enforcement officer, failure to display an insurance identification card as specified under RCW 46.30.030 creates a presumption that the person does not have motor vehicle insurance.

          (d) Failure to provide proof of motor vehicle insurance is a traffic infraction and is subject to penalties as set by the supreme court under RCW 46.63.110 or community ((service)) restitution.

          (2) If a person cited for a violation of subsection (1) of this section appears in person before the court and provides written evidence that at the time the person was cited, he or she was in compliance with the financial responsibility requirements of subsection (1) of this section, the citation shall be dismissed. In lieu of personal appearance, a person cited for a violation of subsection (1) of this section may, before the date scheduled for the person's appearance before the court, submit by mail to the court written evidence that at the time the person was cited, he or she was in compliance with the financial responsibility requirements of subsection (1) of this section, in which case the citation shall be dismissed without cost, except that the court may assess court administrative costs of twenty-five dollars at the time of dismissal.

          (3) The provisions of this chapter shall not govern:

          (a) The operation of a motor vehicle registered under RCW 46.16.305(1), governed by RCW 46.16.020, or registered with the Washington utilities and transportation commission as common or contract carriers; or

          (b) The operation of a motorcycle as defined in RCW 46.04.330, a motor-driven cycle as defined in RCW 46.04.332, or a moped as defined in RCW 46.04.304.

          (4) RCW 46.29.490 shall not be deemed to govern all motor vehicle liability policies required by this chapter but only those certified for the purposes stated in chapter 46.29 RCW.


          Sec. 30. RCW 46.63.120 and 1979 ex.s. c 136 s 14 are each amended to read as follows:

          (1) An order entered after the receipt of a response which does not contest the determination, or after it has been established at a hearing that the infraction was committed, or after a hearing for the purpose of explaining mitigating circumstances is civil in nature.

          (2) The court may include in the order the imposition of any penalty authorized by the provisions of this chapter for the commission of an infraction. The court may, in its discretion, waive, reduce, or suspend the monetary penalty prescribed for the infraction. At the person's request the court may order performance of a number of hours of community ((service)) restitution in lieu of a monetary penalty, at the rate of the then state minimum wage per hour.


          Sec. 31. RCW 51.12.045 and 1986 c 193 s 1 are each amended to read as follows:

          Offenders performing community ((services)) restitution pursuant to court order or under RCW 13.40.080 may be deemed employees and/or workers under this title at the option of the state, county, city, town, or nonprofit organization under whose authorization the ((services are)) community restitution is performed. Any premiums or assessments due under this title for community ((services)) restitution work shall be the obligation of and be paid for by the state agency, county, city, town, or nonprofit organization for which the offender performed the community ((services)) restitution. Coverage commences when a state agency, county, city, town, or nonprofit organization has given notice to the director that it wishes to cover offenders performing community ((services)) restitution before the occurrence of an injury or contraction of an occupational disease.


          Sec. 32. RCW 66.20.200 and 1994 c 201 s 1 are each amended to read as follows:

          It shall be unlawful for the owner of a card of identification to transfer the card to any other person for the purpose of aiding such person to procure alcoholic beverages from any licensee or store employee. Any person who shall permit his or her card of identification to be used by another or transfer such card to another for the purpose of aiding such transferee to obtain alcoholic beverages from a licensee or store employee or gain admission to a premises or portion of a premises classified by the board as off-limits to persons under twenty-one years of age, shall be guilty of a misdemeanor punishable as provided by RCW 9A.20.021, except that a minimum fine of two hundred fifty dollars shall be imposed and any sentence requiring community ((service)) restitution shall require not fewer than twenty-five hours of ((such service)) community restitution. Any person not entitled thereto who unlawfully procures or has issued or transferred to him or her a card of identification, and any person who possesses a card of identification not issued to him or her, and any person who makes any false statement on any certification card required by RCW 66.20.190, as now or hereafter amended, to be signed by him or her, shall be guilty of a misdemeanor punishable as provided by RCW 9A.20.021, except that a minimum fine of two hundred fifty dollars shall be imposed and any sentence requiring community ((service)) restitution shall require not fewer than twenty-five hours of ((such service)) community restitution.


          Sec. 33. RCW 66.44.291 and 1987 c 101 s 1 are each amended to read as follows:

          Every person between the ages of eighteen and twenty, inclusive, who is convicted of a violation of RCW 66.44.290 is guilty of a misdemeanor punishable as provided by RCW 9A.20.021, except that a minimum fine of two hundred fifty dollars shall be imposed and any sentence requiring community ((service)) restitution shall require not fewer than twenty-five hours of ((such service)) community restitution.


          Sec. 34. RCW 66.44.325 and 1987 c 101 s 2 are each amended to read as follows:

          Any person who transfers in any manner an identification of age to a minor for the purpose of permitting such minor to obtain alcoholic beverages shall be guilty of a misdemeanor punishable as provided by RCW 9A.20.021, except that a minimum fine of two hundred fifty dollars shall be imposed and any sentence requiring community ((service)) restitution shall require not fewer than twenty-five hours of ((such service)) community restitution: PROVIDED, That corroborative testimony of a witness other than the minor shall be a condition precedent to conviction.


          Sec. 35. RCW 69.50.425 and 1989 c 271 s 105 are each amended to read as follows:

          A person who is convicted of a misdemeanor violation of any provision of this chapter shall be punished by imprisonment for not less than twenty-four consecutive hours, and by a fine of not less than two hundred fifty dollars. On a second or subsequent conviction, the fine shall not be less than five hundred dollars. These fines shall be in addition to any other fine or penalty imposed. Unless the court finds that the imposition of the minimum imprisonment will pose a substantial risk to the defendant's physical or mental well-being or that local jail facilities are in an overcrowded condition, the minimum term of imprisonment shall not be suspended or deferred. If the court finds such risk or overcrowding exists, it shall sentence the defendant to a minimum of forty hours of community ((service)) restitution. If a minimum term of imprisonment is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. Unless the court finds the person to be indigent, the minimum fine shall not be suspended or deferred.


          Sec. 36. RCW 70.93.060 and 1997 c 159 s 1 are each amended to read as follows:

          (1) No person shall throw, drop, deposit, discard, or otherwise dispose of litter upon any public property in the state or upon private property in this state not owned by him or her or in the waters of this state whether from a vehicle or otherwise including but not limited to any public highway, public park, beach, campground, forest land, recreational area, trailer park, highway, road, street, or alley except:

          (a) When the property is designated by the state or its agencies or political subdivisions for the disposal of garbage and refuse, and the person is authorized to use such property for that purpose;

          (b) Into a litter receptacle in a manner that will prevent litter from being carried away or deposited by the elements upon any part of said private or public property or waters.

          (2)(a) Except as provided in subsection (4) of this section, it is a class 3 civil infraction as provided in RCW 7.80.120 for a person to litter in an amount less than or equal to one cubic foot.

          (b) It is a class 1 civil infraction as provided in RCW 7.80.120 for a person to litter in an amount greater than one cubic foot. Unless suspended or modified by a court, the person shall also pay a litter cleanup fee of twenty-five dollars per cubic foot of litter. The court may, in addition to or in lieu of part or all of the cleanup fee, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property.

          (3) If the violation occurs in a state park, the court shall, in addition to any other penalties assessed, order the person to perform twenty-four hours of community ((service)) restitution in the state park where the violation occurred if the state park has stated an intent to participate as provided in RCW 43.51.048(2).

          (4) It is a class 1 civil infraction as provided in RCW 7.80.120 for a person to discard, in violation of this section, a cigarette, cigar, or other tobacco product that is capable of starting a fire.


          Sec. 37. RCW 70.93.250 and 1998 c 257 s 10 and 1998 c 245 s 128 are each reenacted and amended to read as follows:

          (1) The department shall provide funding to local units of government to establish, conduct, and evaluate community ((service)) restitution and other programs for waste reduction, litter and illegal dump cleanup, and recycling. Programs eligible for funding under this section shall include, but not be limited to, programs established pursuant to RCW 72.09.260.

          (2) Funds may be offered for costs associated with community waste reduction, litter cleanup and prevention, and recycling activities. The funding program must be flexible, allowing local governments to use funds broadly to meet their needs to reduce waste, control litter and illegal dumping, and promote recycling. Local governments are required to contribute resources or in-kind services. The department shall evaluate funding requests from local government according to the same criteria as those developed in RCW 70.93.220, provide funds according to the effectiveness and efficiency of local government litter control programs, and monitor the results of all local government programs under this section.

          (3) Local governments shall report information as requested by the department in funding agreements entered into by the department and a local government. The department shall report to the appropriate standing committees of the legislature by December of even-numbered years on the effectiveness of local government waste reduction, litter, and recycling programs funded under this section.


          Sec. 38. RCW 70.155.080 and 1998 c 133 s 2 are each amended to read as follows:

          (1) A person under the age of eighteen who purchases or attempts to purchase, possesses, or obtains or attempts to obtain cigarettes or tobacco products commits a class 3 civil infraction under chapter 7.80 RCW and is subject to a fine as set out in chapter 7.80 RCW or participation in up to four hours of community ((service)) restitution, or both. The court may also require participation in a smoking cessation program. This provision does not apply if a person under the age of eighteen, with parental authorization, is participating in a controlled purchase as part of a liquor control board, law enforcement, or local health department activity.

          (2) Municipal and district courts within the state have jurisdiction for enforcement of this section.


          Sec. 39. RCW 72.09.060 and 1989 c 185 s 3 are each amended to read as follows:

          The department of corrections may be organized into such divisions or offices as the secretary may determine, but shall include divisions for (1) correctional industries, (2) prisons and other custodial institutions and (3) probation, parole, community ((service)) restitution, restitution, and other nonincarcerative sanctions. The secretary shall have at least one person on his or her staff who shall have the responsibility for developing a program which encourages the use of volunteers, for citizen advisory groups, and for similar public involvement programs in the corrections area. Minimum qualification for staff assigned to public involvement responsibilities shall include previous experience in working with volunteers or volunteer agencies.


          Sec. 40. RCW 72.09.100 and 1995 1st sp.s. c 19 s 33 are each amended to read as follows:

          It is the intent of the legislature to vest in the department the power to provide for a comprehensive inmate work program and to remove statutory and other restrictions which have limited work programs in the past. For purposes of establishing such a comprehensive program, the legislature recommends that the department consider adopting any or all, or any variation of, the following classes of work programs:

          (1) CLASS I: FREE VENTURE INDUSTRIES. The employer model industries in this class shall be operated and managed in total or in part by any profit or nonprofit organization pursuant to an agreement between the organization and the department. The organization shall produce goods or services for sale to both the public and private sector.

          The customer model industries in this class shall be operated and managed by the department to provide Washington state manufacturers or businesses with products or services currently produced or provided by out-of-state or foreign suppliers. The correctional industries board of directors shall review these proposed industries before the department contracts to provide such products or services. The review shall include an analysis of the potential impact of the proposed products and services on the Washington state business community and labor market.

          The department of corrections shall supply appropriate security and custody services without charge to the participating firms.

          Inmates who work in free venture industries shall do so at their own choice. They shall be paid a wage comparable to the wage paid for work of a similar nature in the locality in which the industry is located, as determined by the director of correctional industries. If the director cannot reasonably determine the comparable wage, then the pay shall not be less than the federal minimum wage.

          An inmate who is employed in the class I program of correctional industries shall not be eligible for unemployment compensation benefits pursuant to any of the provisions of Title 50 RCW until released on parole or discharged.

          (2) CLASS II: TAX REDUCTION INDUSTRIES. Industries in this class shall be state-owned and operated enterprises designed to reduce the costs for goods and services for tax-supported agencies and for nonprofit organizations. The industries selected for development within this class shall, as much as possible, match the available pool of inmate work skills and aptitudes with the work opportunities in the free community. The industries shall be closely patterned after private sector industries but with the objective of reducing public support costs rather than making a profit. The products and services of this industry, including purchased products and services necessary for a complete product line, may be sold to public agencies, to nonprofit organizations, and to private contractors when the goods purchased will be ultimately used by a public agency or a nonprofit organization. Clothing manufactured by an industry in this class may be donated to nonprofit organizations that provide clothing free of charge to low-income persons. Correctional industries products and services shall be reviewed by the correctional industries board of directors before offering such products and services for sale to private contractors. The board of directors shall conduct a yearly marketing review of the products and services offered under this subsection. Such review shall include an analysis of the potential impact of the proposed products and services on the Washington state business community. To avoid waste or spoilage and consequent loss to the state, when there is no public sector market for such goods, byproducts and surpluses of timber, agricultural, and animal husbandry enterprises may be sold to private persons, at private sale. Surplus byproducts and surpluses of timber, agricultural and animal husbandry enterprises that cannot be sold to public agencies or to private persons may be donated to nonprofit organizations. All sales of surplus products shall be carried out in accordance with rules prescribed by the secretary.

          Security and custody services shall be provided without charge by the department of corrections.

          Inmates working in this class of industries shall do so at their own choice and shall be paid for their work on a gratuity scale which shall not exceed the wage paid for work of a similar nature in the locality in which the industry is located and which is approved by the director of correctional industries.

          Subject to approval of the correctional industries board, provisions of RCW 41.06.380 prohibiting contracting out work performed by classified employees shall not apply to contracts with Washington state businesses entered into by the department of corrections through class II industries.

          (3) CLASS III: INSTITUTIONAL SUPPORT INDUSTRIES. Industries in this class shall be operated by the department of corrections. They shall be designed and managed to accomplish the following objectives:

          (a) Whenever possible, to provide basic work training and experience so that the inmate will be able to qualify for better work both within correctional industries and the free community. It is not intended that an inmate's work within this class of industries should be his or her final and total work experience as an inmate.

          (b) Whenever possible, to provide forty hours of work or work training per week.

          (c) Whenever possible, to offset tax and other public support costs.

          Supervising, management, and custody staff shall be employees of the department.

          All able and eligible inmates who are assigned work and who are not working in other classes of industries shall work in this class.

          Except for inmates who work in work training programs, inmates in this class shall be paid for their work in accordance with an inmate gratuity scale. The scale shall be adopted by the secretary of corrections.

          (4) CLASS IV: COMMUNITY WORK INDUSTRIES. Industries in this class shall be operated by the department of corrections. They shall be designed and managed to provide services in the inmate's resident community at a reduced cost. The services shall be provided to public agencies, to persons who are poor or infirm, or to nonprofit organizations.

          Inmates in this program shall reside in facilities owned by, contracted for, or licensed by the department of corrections. A unit of local government shall provide work supervision services without charge to the state and shall pay the inmate's wage.

          The department of corrections shall reimburse participating units of local government for liability and workers compensation insurance costs.

          Inmates who work in this class of industries shall do so at their own choice and shall receive a gratuity which shall not exceed the wage paid for work of a similar nature in the locality in which the industry is located.

          (5) CLASS V: COMMUNITY ((SERVICE)) RESTITUTION PROGRAMS. Programs in this class shall be subject to supervision by the department of corrections. The purpose of this class of industries is to enable an inmate, placed on community supervision, to work off all or part of a community ((service)) restitution order as ordered by the sentencing court.

          Employment shall be in a community ((service)) restitution program operated by the state, local units of government, or a nonprofit agency.

          To the extent that funds are specifically made available for such purposes, the department of corrections shall reimburse nonprofit agencies for workers compensation insurance costs.


          Sec. 41. RCW 72.09.260 and 1990 c 66 s 2 are each amended to read as follows:

          (1) The department shall assist local units of government in establishing community ((service)) restitution programs for litter cleanup. Community ((service)) restitution litter cleanup programs must include the following: (a) Procedures for documenting the number of community ((service)) restitution hours worked in litter cleanup by each offender; (b) plans to coordinate litter cleanup activities with local governmental entities responsible for roadside and park maintenance; (c) insurance coverage for offenders during litter cleanup activities pursuant to RCW 51.12.045; (d) provision of adequate safety equipment and, if needed, weather protection gear; and (e) provision for including felons and misdemeanants in the program.

          (2) Community ((service)) restitution programs established under this section shall involve, but not be limited to, persons convicted of nonviolent, drug-related offenses.

          (3) Nothing in this section shall diminish the department's authority to place offenders in community ((service)) restitution programs or to determine the suitability of offenders for specific programs.

          (4) As used in this section, "litter cleanup" includes cleanup and removal of solid waste that is illegally dumped."


          Correct the title.


          Representative O'Brien spoke in favor of the adoption of the amendment.


          The amendment was adopted.


          There being no objection, the rules were suspended the second reading considered the third and the bill was placed on final passage.


          There being no objection, the House deferred action on Senate Bill No. 5664, and the bill held its place on the third reading calendar.


MESSAGES FROM THE SENATE

April 24, 1999

Mr. Speaker:


          The Senate has passed:


HOUSE CONCURRENT RESOLUTION NO. 4412,


and the same is herewith transmitted.

Tony M. Cook, Secretary


April 24, 1999


Mr. Speaker:


          The Senate has concurred in the House amendment(s) and has passed the following bills as amended by the House:


SUBSTITUTE SENATE BILL NO. 5626,

ENGROSSED SENATE BILL NO. 5789,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5988,


and the same are herewith transmitted.

Tony M. Cook, Secretary


SIGNED BY THE SPEAKERS


          Speakers announced they were signing:


ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1006,

SUBSTITUTE HOUSE BILL NO. 1113,

SECOND SUBSTITUTE HOUSE BILL NO. 1140,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1143,

ENGROSSED HOUSE BILL NO. 1151,

SUBSTITUTE HOUSE BILL NO. 1153,

SECOND SUBSTITUTE HOUSE BILL NO. 1176,

SUBSTITUTE HOUSE BILL NO. 1183,

HOUSE BILL NO. 1194,

SUBSTITUTE HOUSE BILL NO. 1222,

ENGROSSED HOUSE BILL NO. 1232,

HOUSE BILL NO. 1233,

HOUSE BILL NO. 1261,

SUBSTITUTE HOUSE BILL NO. 1291,

SUBSTITUTE HOUSE BILL NO. 1304,

ENGROSSED HOUSE BILL NO. 1313,

HOUSE BILL NO. 1432,

SUBSTITUTE HOUSE BILL NO. 1494,

HOUSE BILL NO. 1524,

SUBSTITUTE HOUSE BILL NO. 1525,

HOUSE BILL NO. 1544,

HOUSE BILL NO. 1550,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1562,

SUBSTITUTE HOUSE BILL NO. 1623,

SUBSTITUTE HOUSE BILL NO. 1663,

SUBSTITUTE HOUSE BILL NO. 1673,

SUBSTITUTE HOUSE BILL NO. 1701,

HOUSE BILL NO. 1741,

HOUSE BILL NO. 1827,

HOUSE BILL NO. 1831,

ENGROSSED HOUSE BILL NO. 1832,

HOUSE BILL NO. 1863,

SUBSTITUTE HOUSE BILL NO. 1864,

SECOND SUBSTITUTE HOUSE BILL NO. 1871,

SUBSTITUTE HOUSE BILL NO. 1935,

SUBSTITUTE HOUSE BILL NO. 1992,

ENGROSSED HOUSE BILL NO. 2015,

SECOND SUBSTITUTE HOUSE BILL NO. 2061,

HOUSE JOINT MEMORIAL NO. 4015,

ENGROSSED SENATE BILL NO. 5109,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5175,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5208,

SUBSTITUTE SENATE BILL NO. 5312,

SENATE BILL NO. 5382,

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5421,

SUBSTITUTE SENATE BILL NO. 5672,

SUBSTITUTE SENATE BILL NO. 5744,

SUBSTITUTE SENATE BILL NO. 5781,

SECOND SUBSTITUTE SENATE BILL NO. 5821,

SENATE BILL NO. 5837,

SUBSTITUTE SENATE BILL NO. 5864,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5866,

SENATE BILL NO. 5915,

SUBSTITUTE SENATE BILL NO. 6001,

SENATE BILL NO. 6065,

SUBSTITUTE SENATE BILL NO. 6090,

SUBSTITUTE SENATE CONCURRENT RESOLUTION NO. 8406,


MESSAGE FROM THE SENATE

April 23, 1999

Mr. Speaker:


          The Senate refuses to concur in the House amendment(s) to SUBSTITUTE SENATE BILL NO. 5418 and asks the House to recede therefrom, and the same is herewith transmitted.


Tony M. Cook, Secretary


          There being no objection, the rules were suspended and Substitute Senate Bill No. 5418 was returned to second reading for the purpose of an amendment.


SECOND READING


          Representative Talcott moved the adoption of amendment (276):


          Strike everything after the enacting clause and insert the following:


"INTENT


          NEW SECTION. Sec. 1. INTENT. The legislature finds that the purpose of Washington's accountability system is to improve student learning and student achievement of the essential academic learning requirement standards so that each individual student will be given the opportunity to become a responsible citizen and successfully live, learn, and work in the twenty-first century. To achieve this purpose, the accountability system should be based on student achievement and continuous improvement at all levels of Washington's education system and on a fundamental principle that all public school students have access to curriculum and instruction that is aligned to the standards.

          The legislature further finds that the accountability system should rely on local responsibility and leadership. Districts and schools should be expected to improve and be evaluated based on their improvement over time. Districts should recognize exceptional progress and work closely with schools needing assistance.

          The legislature further finds that the accountability system must be simple to use and understand. Consequences must be predictable and fair. Differences among students, schools, and districts should be recognized and respected as the system is implemented. There should be a balance of each student's right to privacy and the public's right to know the overall levels of learning and achievement at the school, district, and state levels. In addition, the accountability system should be continuously reviewed and improved as more is learned about how schools operate to meet the learning needs of Washington's students.


PART 1

OVERSIGHT OF THE ACCOUNTABILITY SYSTEM


          NEW SECTION. Sec. 101. COMMISSION FORMED AND MEMBERS APPOINTED. (1) The academic achievement and accountability commission is established.

          (2) The primary purpose of the commission is to provide oversight of the state's educational accountability system.

          (3) The commission shall consist of nine members selected as follows:

          (a) One member shall be the superintendent of public instruction or the superintendent's designee; and

          (b) Eight members shall be appointed by the governor. Four of the members shall be selected as follows: Each major caucus of the house of representatives and the senate shall submit a list of three names. The lists may not include the names of members of the legislature. The governor shall select a member from each list provided by each caucus. All members appointed by the governor shall be subject to confirmation by the senate.

          (4) The governor shall appoint a chair from among the commission members.

          (5) Appointees shall be individuals who are supportive of educational improvement, who have a positive record of service, and who will devote sufficient time to the responsibilities of the commission to ensure that the objectives of the commission are achieved. The commission shall be composed of a balance of individuals from within and outside the public education system. The commission shall include educators, business leaders, and parents.

          (6) The governor shall appoint its initial commission members by July 1, 1999. The first meeting of the commission shall be convened by the superintendent of public instruction no later than July 30, 1999.

          (7) Appointed members shall serve for terms of four years, with the terms expiring on June 30th of the fourth year of the term. However, in the case of the initial members, four members shall serve four-year terms, two members shall serve three-year terms, and two members shall serve two-year terms, with each of the terms expiring on June 30th of the applicable year. Appointees may be reappointed to serve more than one term.

          (8) The governor shall fill any vacancy in appointments that may occur. When filling a vacancy of a member nominated by a major caucus of the legislature, the governor shall select the new member from a list of three names submitted by the same caucus that provided the list from which the retiring member was appointed.


          NEW SECTION. Sec. 102. COMMISSION'S POWERS AND DUTIES. The powers and duties of the academic achievement and accountability commission shall include, but are not limited to the following:

          (1) For purposes of state-wide accountability, the commission shall:

          (a) Adopt and revise performance improvement goals in reading, writing, science, and mathematics by subject and grade level as the commission deems appropriate to improve student learning, once assessments in these subjects are required state-wide. The goals shall be in addition to any goals adopted in RCW 28A.630.887 (as recodified by this act). The commission may also revise any goal adopted in RCW 28A.630.887 (as recodified by this act). The commission shall adopt the goals by rule. However, before each goal is implemented, the commission shall present the goal to the education committees of the house of representatives and the senate for the committees' review and comment in a time frame that will permit the legislature to take statutory action on the goal if such action is deemed warranted by the legislature;

          (b) Identify the scores students must achieve in order to meet the standard on the Washington assessment of student learning and determine student scores that identify levels of student performance below and beyond the standard. The commission shall set such performance standards and levels in consultation with the superintendent of public instruction and after consideration of any recommendations that may be developed by any advisory committees that may be established for this purpose;

          (c) Adopt objective, systematic criteria to identify successful schools and school districts and recommend to the superintendent of public instruction schools and districts to be recognized for two types of accomplishments, student achievement and improvements in student achievement. Recognition for improvements in student achievement shall include consideration of one or more of the following accomplishments:

          (i) An increase in the percent of students meeting standards. The level of achievement required for recognition may be based on the achievement goals established by the legislature under RCW 28A.630.887 (as recodified by this act) and the commission under (a) of this subsection;

          (ii) Positive progress on an improvement index that measures improvement in all levels of the assessment; and

          (iii) Improvements despite challenges such as high levels of mobility, poverty, English as a second language learners, and large numbers of students in special populations as measured by either the percent of students meeting the standard, or the improvement index.

          When determining the baseline year or years for recognizing individual schools, the commission may use the assessment results from the initial years the assessments were administered, if doing so with individual schools would be appropriate;

          (d) Adopt objective, systematic criteria to identify schools and school districts in need of assistance and those in which significant numbers of students persistently fail to meet state standards. In its deliberations, the commission shall consider the use of all state-wide mandated criterion-referenced and norm-referenced standardized tests;

          (e) Identify schools and school districts in which state intervention measures will be needed and a range of appropriate intervention strategies, beginning no earlier than June 30, 2001, and after the legislature has authorized a set of intervention strategies. Beginning no earlier than June 30, 2001, and after the legislature has authorized a set of intervention strategies, at the request of the commission, the superintendent shall intervene in the school or school district and take corrective actions. This chapter does not provide additional authority for the commission or the superintendent of public instruction to intervene in a school or school district;

          (f) Identify performance incentive systems that have improved or have the potential to improve student achievement;

          (g) Annually review the assessment reporting system to ensure fairness, accuracy, timeliness, and equity of opportunity, especially with regard to schools with special circumstances and unique populations of students, and a recommendation to the superintendent of public instruction of any improvements needed to the system;

          (h) Annually report by December 1st to the legislature, the governor, the superintendent of public instruction, and the state board of education on the progress, findings, and recommendations of the commission. The report may include recommendations of actions to help improve student achievement;

          (i) By December 1, 2000, and by December 1st annually thereafter, report to the education committees of the house of representatives and the senate on the progress that has been made in achieving the reading goal under RCW 28A.630.887 (as recodified by this act) and any additional goals adopted by the commission;

          (j) Coordinate its activities with the state board of education and the office of the superintendent of public instruction;

          (k) Seek advice from the public and all interested educational organizations in the conduct of its work; and

          (l) Establish advisory committees, which may include persons who are not members of the commission;

          (2) Holding meetings and public hearings, which may include regional meetings and hearings;

          (3) Hiring necessary staff and determining the staff's duties and compensation. However, the office of the superintendent of public instruction shall provide staff support to the commission until the commission has hired its own staff, and shall provide most of the technical assistance and logistical support needed by the commission thereafter. The office of the superintendent of public instruction shall be the fiscal agent for the commission. The commission may direct the office of the superintendent of public instruction to enter into subcontracts, within the commission's resources, with school districts, teachers, higher education faculty, state agencies, business organizations, and other individuals and organizations to assist the commission in its deliberations; and

          (4) Receiving per diem and travel allowances as permitted under RCW 43.03.050 and 43.03.060.


          NEW SECTION. Sec. 103. COMMISSION'S REPORT ON ACCOUNTABILITY POLICIES. By September 5, 2000, the academic achievement and accountability commission shall recommend accountability policies to the governor, the superintendent of public instruction, and the education and fiscal committees of the house of representatives and senate. The policies shall include, but need not be limited to:

          (1) A graduated series of increasingly intensive state intervention strategies for schools and school districts in which low-performance persists over an identified period of time.

          (a) The strategies shall be formulated in accordance with the assumption that school districts have primary responsibility for intervening in schools with relatively large numbers of students who are not achieving the essential academic learning requirements.

          (b) The strategies shall be formulated in accordance with the assumption that continued low performance despite school district efforts shall trigger an evaluation by the commission. The evaluation is intended to identify the next steps needed to improve student performance. In its evaluation, the commission shall use multiple sources of information that may include, but need not be limited to:

          (i) The results of the Washington assessment of student learning;

          (ii) The results of state-mandated norm-referenced standardized tests;

          (iii) Student achievement evidence from other district or school assessments;

          (iv) The level of improvement in student achievement over time;

          (v) Student mobility and poverty;

          (vi) Attendance and dropout rates;

          (vii) Graduation rates and posthigh school indicators;

          (viii) The percent of students in special programs; and

          (ix) Other factors presented by individual districts or schools.

          (c) In its deliberations, the commission shall consider issues of due process, student dropout rates, management and personnel, and educational options, including publi